Cohn v. Cohn
Decision Date | 25 June 1948 |
Citation | 36 So.2d 199,160 Fla. 619 |
Parties | COHN v. COHN. |
Court | Florida Supreme Court |
Appeal from Circuit Court, Dade County; Ross Williams Judge.
Joseph A Wanick, of Miami, for appellant.
George Wood, of Miami, for appellee.
This appeal questions the granting of a $1,000 master's fee in an uncontested divorce action. On rehearing the chancellor reduced the fee to $750. The award was made upon the master's report that:
On final hearing the divorce was granted without contest and property settlement, previously agreed upon, was approved by the court and the $1,000 fee was awarded the master. Upon petition for rehearing the chancellor observed:
'* * * The Court takes into consideration the following:
1: The importance of this case.
2 The age of the Special Master.
3: The ability of the Special Master.
4: The experience of the Special Master.
5: The wide knowledge of law of the Special Master.
6: The responsibility assumed herein by the Special Master.
7: The quality of the work done by the Special Master herein.
8: The testimony taken on the said petition for rehearing.
9: The purchase power of money.
10: The financial ability of the defendant.
11: The income of the defendant.
12: The fact that the defendant has not testified that the allowance herein made for the Special Master will work any financial hardship upon him.
13. The fact that the defendant is a leading physician and surgeon in his specialty in this community and thereby enjoys a large income therefrom.
14. The fact that at final hearing of this cause, George W. Wood, attorney for plaintiff, and Lawrence E. Hoffman, attorney for defendant both stated to the Court that the said allowance as Special Master's fee in the final decree was reasonable.
At the hearing before the undersigned on said petition for rehearing the Special Master in Chancery stated he would be satisfied with a fee of $750.00. * * *'
Thereupon the fee was reduced to $750 which is now asserted to be excessive.
The chancellor failed to apply the right principle of law. The statute, Sec 62.07, Fla.Stat. 1941, F.S.A., prescribes a standard relative to master's compensation. From the above...
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Donner v. Donner
...fee for a master in the amount of $2,500.00 was disallowed and the master was limited to the then statutory fee; in Cohn v. Cohn, 160 Fla. 619, 36 So.2d 199 (1948), a $750.00 master's fee was also reversed, and the master was accorded nothing but the statutory fee; in Garlick v. Garlick, 38......
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Clark v. Finger, 5D99-3173.
...Gulfstream Park Racing Ass'n, Inc. v. Clark, 42 So.2d 279 (Fla.1949); Rainey v. Rainey, 38 So.2d 60 (Fla.1948); Cohn v. Cohn, 160 Fla. 619, 36 So.2d 199 (1948). At present, section 69.051 gives the trial court discretion to award such fees.1 Donner v. Donner, 346 So.2d 1069 (Fla. 3d DCA 197......
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Provus v. Provus
...be calculated under the provisions of Section 62.07, F.S.A. See Marion Mortgage Co. v. Moorman, 100 Fla. 1522, 131 So. 650; Cohn v. Cohn, 160 Fla. 619, 36 So.2d 199; Rainey v. Rainey, Fla, 38 So.2d 60; Gulfstream Park Racing Ass'n v. Clark, Fla., 42 So.2d Fixing the amount of counsel fees, ......
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