Florida District Courts of Appeal, 2005

Novaro v. Novaro

Novaro v. Novaro
Florida District Courts of Appeal · Decided April 6, 2005 · Klein, Shahood, Taylor
898 So. 2d 272; 2005 Fla. App. LEXIS 4650; 2005 WL 767074 (Southern Reporter, Second Series)

Novaro v. Novaro

Opinion of the Court

PER CURIAM.

We affirm the trial court’s denial of appellant’s rule 1.540 motion to set aside judgment in this proceeding for modification of the dissolution of marriage judgment. However, we reverse the order requiring the former husband to contribute to the former wife’s attorney’s fees, because the only evidence before the trial court showed that the former wife was in a superior financial position to pay her attorney’s fees. See Wait v. Wait, 886 So.2d 318 (Fla. 4th DCA 2004); Hackney v. Hackney, 560 So.2d 423 (Fla. 4th DCA 1990).

KLEIN, SHAHOOD and TAYLOR, JJ., concur.

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