MARY BROCK, APPELLANT,
v.
NEWMAN D. BROCK, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF CONWAY BROCK, DECEASED, APPELLEE
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ERVIN, Judge.
We affirm the supplemental final judgment of dissolution of marriage, having found no error in the bifurcation of the dissolution or the setting of the case for trial, and no abuse of discretion in the equitable distribution or denial of alimony to appellant.
We reverse, however, the trial court’s attorney fee award of $15,000 to appellant. The law is clear that an award of fees is not dependent on a party’s success in litigation. Greeley v. Greeley, 583 So. 2d 1078, 1080 (Fla. 1st DCA 1991). Consequently, the trial court erred in discounting the award based on appellant’s unsuccessful appeal. The trial court also erred by discounting the award based on the attorney’s travel time, because travel time may be included in an award. Wright v. Wright, 577 So. 2d 1355 (Fla. 1st DCA), review dismissed, 587 So. 2d 1331 (Fla.1991). Based on the disparity in the parties’ assets and income, it was an abuse of discretion for the court to refuse to direct the former husband to pay all of appellant’s attorney’s fees.
AFFIRMED in part and REVERSED in part.
MINER and WOLF, JJ., concur.
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Rosen v. Rosen, 696 So. 2d 697 (Fla. 1997)…our view, from the purposes contemplated by its predecessors; that purpose is to ensure that both parties will have reasonably the same ability to secure competent legal counsel.”); White v. White, 683 So. 2d 510 (Fla. 4th DCA 1996); Brock v. Brock, 654 So. 2d 163 (Fla. 1st DCA 1995); Fabre v. Levine, 618 So. 2d 317 (Fla. 1st DCA), review denied, 629 So. 2d 132 (Fla.1993); Allen v. Heinrich, 623 So. 2d 540 (Fla. 2d DCA 1993); Chertoff v. Chertoff, 553 So. 2d 179 (Fla. 3d DCA 1989); Hudgens v. Hudgens, 411 So.…1 / 2
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Miller v. Miller, 679 So. 2d 858 (Fla. 1st DCA 1996)…he trial court erred in failing to award the wife’s attorney’s fees for the original contempt action, the original appeal, and the instant proceedings in the trial court, Bromante v. Bromante, 577 So. 2d 662, 663 (Fla. 1st DCA 1991); Brock v. Brock, 654 So. 2d 163 (Fla. 1st DCA 1995); and (2) the trial court erred in failing to award prejudgment interest on the child support and alimony arrearages, Thurman v. Thurman, 637 So. 2d 64 (Fla. 1st DCA 1994). Affirmed in part, reversed in part, and remanded for fu…
Authorities Cited
- Wright v. Wright, 577 So. 2d 1355 (Fla. 1st DCA 1991)
- Greeley v. Greeley, 583 So. 2d 1078 (Fla. 1st DCA 1991)