JOHN R. BARRETT, MAURICE M. DILIBERTO, AND PHILLIPS, NIZER, BENJAMIN, KRIM & BALLON, APPELLANTS,
v.
ADELE MANUS ET AL., APPELLEES

Fla. 4th DCA | 1967-06-07
No. 986
WALDEN, C. J., and ANDREWS and CROSS, JJ., concur.
199 So. 2d 307 Florida District Court of Appeal, Fourth District (1967)

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Synopsis

The appellate court affirmed a trial court's order dismissing a divorce action against a husband, while retaining jurisdiction over a corporate defendant to potentially satisfy attorney's fees for the wife's attorneys. The court found no abuse of discretion in the trial court's decision.


Holding

No, the trial court did not abuse its discretion in its order.


Key Quotes

“The matter of the sufficiency and availability of the assets for the stated purpose is a matter to be determined in the sound discretion of the trial court.”

Establishes the standard of review for the trial court's decision regarding assets for attorney's fees.

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Facts & Procedural History

Attorneys for the wife in a divorce action appealed an order that dismissed the action against the husband but reserved jurisdiction over a corporate …

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Opinion of the Court
PER CURIAM.

PER CURIAM.

The attorneys, John R. Barrett et al., for Adele Manus, the plaintiff, appeal an order dismissing the action for divorce against Allen S. Manus in which a number of corporations were made parties. The order appealed from reserved jurisdiction of one of the corporate defendants which allegedly holds property of the husband. The stated purpose of retaining jurisdiction in this *308instance is to provide an asset out of which fees, if any, found to be due the attorneys for the wife could be paid.

The matter of the sufficiency and availability of the assets for the stated purpose is a matter to be determined in the sound discretion of the trial court. A careful review of the appeal papers, briefs and arguments of the counsel for the parties reveals no abuse of such discretion.

Affirmed.

WALDEN, C. J., and ANDREWS and CROSS, JJ., concur.


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