LEONARD C. BASS, APPELLANT,
v.
VARKEY SCARIA CHORIAMMACRAL AND MARIA K. THAKRAL, APPELLEES
LEONARD C. BASS, APPELLANT,
VARKEY SCARIA CHORIAMMACRAL AND MARIA K. THAKRAL, APPELLEES
493 So. 2d 1103
Florida District Court of Appeal, Fourth District (1986)
Positive Treatment
Cited by 14 cases
Opinion of the Court
PER CURIAM.
AFFIRMED.
LETTS and DELL, JJ., concur.
WALDEN, J., dissents with opinion.
Dissent
WALDEN, Judge,
dissenting:
In my opinion the trial court abused its discretion under the facts and circumstances of this case when it refused to set aside a default judgment entered against the defendant. I would reverse so' that the case could be tried on the merits. Somero v. Hendry General Hospital, 467 So. 2d 1103 (Fla. 4th DCA 1985); Broward County v. Perdue, 432 So. 2d 742 (Fla. 4th DCA 1983); Schmitz v. Ryan, 427 So. 2d 1013 (Fla. 2d DCA 1983); Brandt v. Dolman, 421 So. 2d 689 (Fla. 4th DCA 1982).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Kelly v. Kelly, 925 So. 2d 364 (Fla. 5th DCA 2006)…where it is undisputable that one party has the ability to pay. See Nelson v. Nelson, 795 So. 2d 977 (Fla. 5th DCA 2001); Morris v. Morris, 748 So. 2d 81 (Fla. 5th DCA 1999); Satter v. Satter, 709 So. 2d 617 (Fla. 4th DCA 1998); Mauldin v. Mauldin, 493 So. 2d 1103 (Fla. 5th DCA 1986). However, one party need not be completely without ability to pay attorney fees in order to be awarded fees. See Rowl v. Rowl, 864 So. 2d 1236 (Fla. 5th DCA 2004); Cullen v. Cullen, 884 So. 2d 304 (Fla. 2d DCA 2004). The purpose…
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Bloodwell v. Bloodwell, 508 So. 2d 771 (Fla. 5th DCA 1987)…f the parties, we find no abuse of the trial court’s discretion with the exception of the attorney fee award. See Canakaris v. Canakaris, 382 So. 2d 1197 (Fla.1980). The parties herein are equally able to pay their attorneys. See Mauldin v. Mauldin, 493 So. 2d 1103 (Fla. 5th DCA 1986); Sizemore v. Sizemore, 487 So. 2d 1080 (Fla. 5th DCA 1986); Ariko v. Ariko, 475 So. 2d 1352 (Fla. 5th DCA 1985); Zulywitz v. Zulywitz, 473 So. 2d 275 (Fla. 5th DCA 1985). We reverse the attorney fee award but otherwise affirm t…
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Lowry v. Lowry, 512 So. 2d 1142 (Fla. 5th DCA 1987)…oceedings. We reverse this excessive award. We have repeatedly held that attorney fees should not be awarded where both parties are equally able to pay a reasonable fee. Bloodwell v. Bloodwell, 508 So. 2d 771 (Fla. 5th DCA 1987); Mauldin v. Mauldin, 493 So. 2d 1103 (Fla. 5th DCA 1986); Sizemore v. Sizemore, 487 So. 2d 1080 (Fla. 5th DCA 1986); Ariko v. Ariko, 475 So. 2d 1352 (Fla. 5th DCA 1985); Zulywitz v. Zulywitz, 473 So. 2d 275 (Fla. 5th DCA 1985). The former wife in this case did not have “meager resourc…
Previewing 3 of 7 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Glenna Somero and Robert Somero v. Hendry Gen. Hosp., 467 So. 2d 1103 (Fla. 4th DCA 1985)
- Broward Cnty. v. Perdue, 432 So. 2d 742 (Fla. 4th DCA 1983)
- Wes Brandt v. Dolman, 421 So. 2d 689 (Fla. 4th DCA 1982)
- Schmitz v. Ryan, 427 So. 2d 1013 (Fla. 2d DCA 1983)