RICHARD E. WHEET, APPELLANT,
v.
KARLA C. WHEET, APPELLEE

Fla. 1st DCA | 1986-06-18
No. BF-297
BOOTH, C.J., and SMITH, J., concur.
489 So. 2d 1240 Florida District Court of Appeal, First District (1986) Caution
Cited by 3 cases


Opinion of the Court
WENTWORTH, Judge.

WENTWORTH, Judge.

In this appeal from a final judgment of dissolution of marriage, the appellant husband contends the court erred in awarding the wife primary custody of the couple’s two minor children, as well as rehabilitative alimony and attorney’s fees. We affirm the judgment appealed.

Appellant and appellee, married in February 1981, lived together as husband and wife for two and one-half years before separating. The record indicates no abuse of discretion by the trial court concerning the placement of the children and the $750 attorney’s fee award. As to the award of rehabilitative alimony, $20 per week for 20 consecutive weeks, the entire content of appellant’s argument by brief on this point is that “the wife did not pray for alimony ... and reiterated at trial that she was not seeking alimony,” and that “the court stopped a line of questioning by Appellant’s attorney for reason that wife was not seeking alimony.” While the point may indeed have merit, we do not reverse because of the total absence of any reference to the controlling rule or numerous prior cases, and because the award in question is minimal in amount and significance in the context before the court.

Affirmed.

BOOTH, C.J., and SMITH, J., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Rodriguez v. David Campbell, M.D., 720 So. 2d 266 (Fla. 4th DCA 1998)
    …sary. E.g., Mettler v. Mettler, 569 So. 2d 496 (Fla. 4th DCA 1990) (reversing amount of post-judgment, non-appellate attorney ad litem fee award based on insufficient expert testimony and remanding “as to this point”); In re: One 1972 Volvo Vehicle, 489 So. 2d 1240 (Fla. 4th DCA 1986) (reversing attorney’s fee award because the attorney who performed the services did not personally testify to support the award, and remanding for a new trial limited to the issue of attorney’s fees); In re: Estate of Lopez, 410…
  • Sarosh S. Dhondy v. Schimpeler, 528 So. 2d 484 (Fla. 3d DCA 1988)
    …andard established by American Indem. and Posner. The trial court erred in assessing Pistorino’s fee based wholly on Pistorino’s conclusory affidavit and Warshaw’s testimony. See In re One 1972 Volvo Vehicle I.D. #1426363290699 Florida Tag #NUE 848, 489 So. 2d 1240 (Fla. 4th DCA 1986) (error to award attorney’s fees to attorney who did not personally testify to services performed); Soundcrafters, Inc. v. Laird, 467 So. 2d 480 (Fla. 5th DCA 1985) (trial court erred in permitting defendant's sole expert to testi…
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