Florida District Courts of Appeal, 1998

Rossi v. Garner

Rossi v. Garner
Florida District Courts of Appeal · Decided December 4, 1998 · Allen, Barfield, Webster
724 So. 2d 603; 1998 Fla. App. LEXIS 15246; 1998 WL 835126 (Southern Reporter, Second Series)

Rossi v. Garner

Opinion of the Court

PER CURIAM.

The appealed order is affirmed except as to the requirement that the appellee pay only a portion of the appellant’s attorney’s fee and costs. Based on the great disparity in the parties’ incomes and financial positions, we conclude that the failure to award the full amount of the appellant’s reasonable attorney’s fee and costs was an abuse of discretion. See, e.g., Tanck v. Tanck, 675 So.2d 1039 (Fla.App. 1st DCA 1996). The order is therefore reversed as to this ruling, and the case is remanded.

BARFIELD, C.J., ALLEN and WEBSTER, JJ., CONCUR.

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