ENRICO NOVARO, APPELLANT,
v.
ANITA NOVARO, APPELLEE

Fla. 4th DCA | 2005-04-06
No. 4D04-1202
KLEIN, SHAHOOD and TAYLOR, JJ., concur.
898 So. 2d 272 Florida District Court of Appeal, Fourth District (2005)

Opinion of the Court
PER CURIAM.

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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