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Florida District Courts of Appeal, 1990

Gentile v. Gentile

Gentile v. Gentile
Florida District Courts of Appeal · Decided November 14, 1990 · Anstead, Walden, Warner
569 So. 2d 1367; 1990 Fla. App. LEXIS 8555; 1990 WL 175776 (Southern Reporter, Second Series)

Gentile v. Gentile

Opinion of the Court

PER CURIAM.

AFFIRMED.

ANSTEAD and WALDEN JJ., concur. WARNER, J., dissents with opinion.

Dissenting Opinion

WARNER, Judge,

dissenting with opinion.

I would reverse for the following reasons: (1) the trial court’s award of attorney’s fees exceeded the reservation of jurisdiction for such an award; (2) the trial court abused its discretion in determining that appellant had a superior ability to pay the fees given the distribution of assets and income it made at the final hearing. *1368See Gentile v. Gentile, 565 So.2d 820 (Fla. 4th DCA 1990).

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