Florida District Courts of Appeal, 1983

McClure v. Alonso

Florida District Courts of Appeal · Decided June 7, 1983 · Baskin, Ferguson, Hendry

433 So. 2d 1013; 1983 Fla. App. LEXIS 20281 (Southern Reporter, Second Series)

Opinion of the Court

FERGUSON, Judge.

A final judgment of dissolution which ordered the husband to pay fees to the wife’s attorney did not bar a separate action by the wife’s attorney to recover fees on a contract, by terms of which she agreed to compensate her attorney at the rate of $100 per hour and to be personally liable to the extent that those' fees exceeded the amount awarded by the court in the dissolution proceeding.1 Barranco, Darlson, Daniel & Bluestein v. Winner, 386 So.2d 1277 (Fla. 3d DCA 1980).

Reversed and remanded for further proceedings on both the complaint and counterclaim.

. The Retainer Agreement executed by the parties provided:

7. It is further understood and agreed that any amounts due and payable for and on account of costs and attorneys [sic] fees which are not awarded by the Court to Graciela Maria Mendoza [wife] shall be paid by her and guaranteed by Gustavo Alonso [wife’s father].

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