LOIS NIESEN, APPELLANT,
v.
STEPHEN MICHAEL NIESEN, M. D., APPELLEE
LOIS NIESEN, APPELLANT,
STEPHEN MICHAEL NIESEN, M. D., APPELLEE
345 So. 2d 348
Florida District Court of Appeal, Fourth District (1977)
Negative Treatment
Cited by 6 cases
Opinion of the Court
PER CURIAM.
Affirmed.
CROSS and DAUKSCH, JJ., concur.
ANSTEAD, J., dissents in part.
Dissent
ANSTEAD, Judge,
dissenting in part:
I would reverse the trial court’s order denying temporary attorneys fees on the basis that the record clearly shows that the wife has the need and the husband has the ability to pay. Section 61.16, Florida Statutes (1975); Mertz v. Mertz, 287 So. 2d 691 (Fla.2d DCA 1973); Helsel v. Helsel, 138 So. 2d 99 (Fla.3d DCA 1962).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Overseas Equip. Co., Inc. v. Aceros Arquitectonicos, 374 So. 2d 537 (Fla. 3d DCA 1979)…39 So. 2d 175 (Fla.1976), the Supreme Court held that to recover for punitive damages in a tort as an independent cause of action, in addition to breach of contract, “an intentional wrong” must be alleged. See, also Fort Pierce Toyota, Inc. v. Wolf, 345 So. 2d 348 (Fla.4th DCA 1977), which clearly indicates that a voluntary action of stopping payment on a check will not alone support a claim for intentional wrong to support a punitive damage award, in addition to a compensatory award for the loss of proceeds…
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Underwriters AT LaCONCORDE v. Airtech Servs., Inc., 493 So. 2d 428 (Fla. 1986)….3d DCA 1985), directly and expressly conflicts with A.O. Smith Harvestore Products, Inc. v. Suber Cattle Co., 416 So. 2d 1176 (Fla. 1st DCA 1982), Broward County v. Sattler, 400 So. 2d 1031 (Fla. 4th DCA 1981), and Fort Pierce Toyota, Inc. v. Wolf, 345 So. 2d 348 (Fla. 4th DCA 1977). We have jurisdiction. Art. V, § 3(b)(3), Fla. Const. Subsequent to the Third District’s decision in this case, we decided Argonaut Insurance Co. v. May Plumbing Co., 474 So. 2d 212 (Fla.1985). That case is controlling. Accordi…
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Underwriters AT LaCONCORDE v. Airtech Servs., Inc., 468 So. 2d 386 (Fla. 3d DCA 1985)…mination of employment without notice, there was “no need to submit the question of [prejudgment] interest to the jury where the amount of damages [was] liquidated and the assessment merely require[d] calculation”); Fort Pierce Toyota, Inc. v. Wolf, 345 So. 2d 348 (Fla. 4th DCA 1977) (in action for breach of contract based on stopped payment on check, trial court erred in denying post-verdict motion to tax prejudgment interest on amount of check where face amount of check was for liquidated sum). In addition,…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Hernandez v. Hernandez, 287 So. 2d 691 (Fla. 2d DCA 1973)
- Mertz v. Mertz, 287 So. 2d 691 (Fla. 2d DCA 1973)
- Helsel v. Helsel, 138 So. 2d 99 (Fla. 3d DCA 1962)