Davies v. Davies

• Decision Date: 28 August 2002
• Docket Number: No. 1D02-240., No. 1D01-5075
• Citation: 824 So. 2d 326
• Parties: Douglas J. DAVIES, Appellant, v. Laurie DAVIES, Appellee.
• Court: Florida District Court of Appeals

824 So.2d 326

Douglas J. DAVIES, Appellant, v.Laurie DAVIES, Appellee.

Nos. 1D01-5075, 1D02-240.

District Court of Appeal of Florida, First District.

August 28, 2002.

John F. Roscow, III, of Scruggs & Carmichael, P.A., Gainesville, and Jonathan F. Wershow of Wershow & Schneider, P.A., Gainesville, for Appellant.

Cynthia Stump Swanson of Swanson & Sperling, P.A., Gainesville, for Appellee.

PER CURIAM.

In this consolidated appeal from postdissolution orders entered by the trial court, we affirm the trial court's award of attorney's fee entitlement as a sanction in the contempt proceeding.See, e.g., Poe v. Poe,811 So.2d 789, 789-90(Fla. 4th DCA2002);Becker v. Becker,778 So.2d 438, 439(Fla. 1st DCA2001);Worthington v. Harty,677 So.2d 1371, 1371(Fla. 4th DCA1996);Mettler v. Mettler,569 So.2d 496, 498(Fla. 4th DCA1990).We find, however, that appellant should have been afforded an opportunity to be heard regarding the amount of the fee awarded.See, e.g., Simpson v. Simpson,780 So.2d 985, 988(Fla. 5th DCA2001);Broyles v. Broyles,573 So.2d 357, 361(Fla. 5th DCA1990).Accordingly, the fee order is VACATED and REMANDED for further proceedings.In all other respects, the orders on appeal are AFFIRMED.

BARFIELD, KAHN, and BROWNING, JJ., concur.