KINNE KOHLER PEARCE, APPELLANT,
v.
LINDA H. PEARCE, APPELLEE

Fla. 2d DCA | 1978-11-03
No. 78-894
GRIMES, C. J., and SCHEB and OTT, JJ., concur.
363 So. 2d 1146 Florida District Court of Appeal, Second District (1978) Caution
Cited by 8 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

We affirm the order of the trial court modifying the final judgment of dissolution, but we reverse the award of attorney’s fees to appellee. The trial court received no evidence as to the services performed by appellee’s attorney or as to the value of those services, and so it was without authority to make an award. Nivens v. Nivens, 312 So. 2d 201 (Fla. 2d DCA 1975). Accordingly, we remand the case for rede-termination of attorney’s fees.

GRIMES, C. J., and SCHEB and OTT, JJ., concur.


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  • Hesselrode v. State, 369 So. 2d 348 (Fla. 2d DCA 1979)
    …marijuana. He preserved his right to appeal and presents us with six points, only one of which merits discussion. Again we are confronted with a question of search and seizure and we are immediately remindéd somewhat of the case of Wilson v. State, 363 So. 2d 1146 (Fla.2d DCA 1978), except there the police failed to obtain a search warrant and here they sought advice in obtaining a search warrant, faulty as that advice turned out to be. The record on appeal discloses that representatives of the Longboat Key P…
  • Williams v. State, 403 So. 2d 430 (Fla. 3d DCA 1981)
    …factor in Moyer, supra, is the length of time which elapsed from the time probable cause vested until the warrantless search. Id. at 435, citing Hornblower v. State, 351 So. 2d 716, 717 (Fla.1977) (forty-five minutes too long)5 and Wilson v. State, 363 So. 2d 1146 (Fla.2d DCA 1978) (six hours too long). Where, as here, police officers arrive at a suspect’s apartment within twenty to thirty minutes after a shooting and within fifteen minutes after obtaining probable cause to believe suspect did the shooting a…
  • Diaz v. State, 34 So. 3d 797 (Fla. 4th DCA 2010)
    …Hornblower, the court held that forty-five minutes was an unreasonable length of time and that the warrantless search was unjustified. State v. Moyer, 394 So. 2d 433, 435 (Fla. 2d DCA 1980) (citing Hornblower, 351 So. 2d at 717, and Wilson v. State, 363 So. 2d 1146 (Fla. 2d DCA 1978)) (stating “[t]he courts held that 45 minutes in Homblower and six hours in Wilson were unreasonable lengths of time and thus the warrantless searches were unjustified”). Further, the state presented no evidence that the defendant…

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