Florida/Georgia Personal Injury & Workers Compensation

...the awards heretofore made to the wife inasmuch as such awards may have been gauged or influenced by the award of the entire marital dwelling to the wife. CROSS and OWEN, JJ., concur. NOTES [1] For example, Section 9 of House Bill 17C, amending F.S. Section 61.071, F.S.A., permits either party to claim alimony pendente lite; Section 10, which amends F.S....

...[3] The husband testified that the whole parcel is worth one hundred seventy-seven thousand dollars ($177,000). The value of a one-thirtieth (1/30) undivided interest is unknown. [4] The final judgment describes the car as a 1970 Buick; the record shows the car to be a 1980 model. [5] § 61.071, Fla....

...ate the validity issue: Florida's matrimonial statute ... provide[s] specifically for the award of interim attorney's fees for "the cost ... of maintaining or defending any proceeding under this chapter...." § 61.16, Fla. Stat. (1991); see also id. § 61.071....

...f the wife’s attorneys’ fees. “In every proceeding for dissolution of the marriage, a party may claim alimony and suit money in the petition or by motion, and if the petition is well founded, the court shall allow a reasonable sum therefor.” § 61.071, Fla....

...It is within the court’s discretion to determine the amount, though it must at least reflect income based on the minimum wage. IY. Setoff for Monies Already Paid The court determined that retroactive alimony covering the alimony penden-te lite was necessary and ordered retroactive alimony in the sum of $29,423. See § 61.071, Fla....

...We specifically note our agreement with the wife's position that, because Florida Patient's Compensation Fund v. Rowe, 472 So.2d 1145 (1985) applies only to the assessment of fees for services which have already been rendered, it necessarily has no application to temporary fees awardable under section 61.071, Florida Statutes (1987) for representation during the future course of the litigation....

...Nudelman, 542 So.2d 486 (Fla. 3d DCA 1989), is not applicable because the proceeding in the present case dealt with an award of attorney's fees for services already rendered and for costs actually incurred and not an award of temporary attorney's fees awardable under Section 61.071, Florida Statutes (1989).

...Saunders, however, is arguably distinguishable in that the parties there waived the issue of abandonment when neither party offered or submitted any evidence on the matter. 183 So.2d at 242. [4] The awarding of temporary alimony, which we have discussed in this opinion, is controlled by statute. See § 61.071, Fla....

...Florida's matrimonial statute has since been revised to provide specifically for the award of interim attorney's fees for "the *426 cost ... of maintaining or defending any proceeding under this chapter... ." § 61.16, Fla. Stat. (1991); see also id. § 61.071....

...by competent, substantial evidence that demonstrates the need for support and the paying spouse’s ability to pay. Breitenbach v. Breitenbach, 838 So.2d 1266, 1267 (Fla. 2d DCA 2003); Driscoll v. Driscoll, 915 So.2d 771, 773 (Fla. 2d DCA 2005); see § 61.071, Fla....

...While I agree with Judge Makar’s dissent in Guimbellot, that case does not apply to the 9 issue raised here. In Guimbellot, it appears that no request was made for temporary support or alimony, as had occurred in this case. Temporary alimony is governed by section 61.071, Florida Statutes (2022), and provides: “In every proceeding for dissolution of the marriage, a party may claim alimony and suit money in the petition or by motion, and if the petition is well founded, the court shall allow a reasona...

preservation of the property of the parties”); § 61.071, Fla. Stat. (authorizing an allowance for “alimony

...The trial court’s order gave Wife thirty days to file a response to Husband’s June 2011 counter-petition. Shortly thereafter Wife filed her response to Husband’s June 2011 counter-petition.1 On March 25, 2015, Wife filed a motion seeking temporary support pursuant to section 61.071 of the Florida Statutes, and in August of 2015, the trial court held a hearing resulting in the entry of the September 2015 Support Order....

...t the Wife’s earlier motion for temporary alimony somehow put the Husband on notice that the Wife was seeking post-dissolution alimony. The Wife’s motion for temporary 9 alimony specifically cited to section 61.071, Florida Statutes (2018), 3 and expressly sought an award of temporary alimony “[d]uring the pendency of” the dissolution of marriage proceeding. As the Wife’s motion correctly noted, section 61.071 “pertains to alimony in a dissolution proceeding and does not address a temporary award post-dissolution.” Reidy v....

...Indeed, the reason the trial court postponed the hearing on the Wife’s request for temporary alimony and to maintain the status quo was that the final hearing was only ten weeks away, and the Husband was already paying the Wife $900 per month during the pendency of the 3 Section 61.071, Florida Statutes (2018), provides for alimony and suit money “pendente lite,” meaning during the pendency of the dissolution proceeding....

...d misconduct prior to the awarding of temporary alimony and attorney’s fees, it is our conclusion that the order appealed must be and is Reversed. JOHNSON, C. J., and WIGGINTON, J., concur. . Rule 4.2, subd. d, Florida Appellate Rules, 32 F.S.A. . Section 61.071, Florida Statutes, F.S.A....

Belcher v. Belcher, 271 So.2d 7 (Fla.1972); Section 61.071, Florida Statutes (1979). Affirmed.

...The Former Husband appealed this order. This court granted a stay as to the $2,200 monthly payments. Where the trial court has rejected a claim for alimony after a full trial, an award of temporary alimony pending appeal is permitted only in narrow circumstances. Section 61.071, Florida Statutes (2017), pertains to alimony in a dissolution proceeding and does not address a temporary award post-dissolution....

...These are matters which must necessarily be determined on the basis of evidence to be adduced by the parties in a proper proceeding conducted for that purpose. The order appealed is accordingly affirmed. CARROLL, DONALD K„ Acting C. J., and SPECTOR, J., concur. . F.S. § 61.071, F.S.A.

...te. The trial court denied the motion, and the former husband has *211 appealed. 3 II. Under Florida law, “In a proceeding for dissolution of marriage, the court may grant alimony to either party....” § 61.08(1), Fla. Stat. (1999); see also id. § 61.071....

...“If an award is in excess of a party’s ability to pay, then it is not supported by competent, substantial evidence, and a trial court abuses its discretion by ordering such an award.” Buchanan, 225 So. 3d at 1003 (citing Hotaling v. Hotaling, 962 So. 2d 1048, 1051 (Fla. 2d DCA 2007)); see also § 61.071, Fla....