Droubie v. Droubie, 79-479

Decision Date20 February 1980
Docket NumberNo. 79-479,79-479
Citation379 So.2d 1331
PartiesJulianne J. DROUBIE, Appellant, v. Robert J. DROUBIE, Appellee.
CourtFlorida District Court of Appeals

N. David Korones of Korones, Downey & Glenn, Clearwater, for appellant.

George W. Greer, Clearwater, for appellee.

BOARDMAN, Judge.

We affirm the portion of the trial court's order of modification of the final judgment of divorce increasing the child support payments in this case. The trial court has broad discretion in determining the amount of child support, Kahn v. Kahn, 78 So.2d 367 (Fla.1955), and we cannot say that the trial court abused its discretion here. However, we do feel the trial court abused its discretion in refusing to award the wife attorney's fees.

The trial court is to consider the financial resources of both parties in determining an award of attorney's fees. § 61.16, Fla.Stat. (1977); Gray v. Gray, 362 So.2d 294 (Fla.2d DCA 1978). Here the disparity in the parties' relative financial positions justifies an award of attorney's fees to the wife.

Accordingly, the portion of the trial court's order holding each party responsible for his or her own attorney's fees and costs is REVERSED and the cause REMANDED with directions to award the wife attorney's fees. The order is otherwise affirmed.

HOBSON, Acting C. J., and ORR, GEORGE, Associate Judge, concur.

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4 cases
  • Carbonell v. Carbonell, 92-1196
    • United States
    • Florida District Court of Appeals
    • May 11, 1993
    ...to be awarded. Leone v. Leone, 577 So.2d 587 (Fla. 3d DCA 1990); Culp v. Culp, 413 So.2d 1221 (Fla. 5th DCA 1982); Droubie v. Droubie, 379 So.2d 1331 (Fla. 2d DCA 1980). We find that there is competent evidence in the record to support the award of child support and that the trial court did......
  • Culp v. Culp, 81-723
    • United States
    • Florida District Court of Appeals
    • April 14, 1982
    ...see no error and AFFIRM. Child support is a discretionary matter and should not be disturbed unless abuse is shown. Droubie v. Droubie, 379 So.2d 1331 (Fla. 2d DCA 1980). REVERSED in part, and AFFIRMED in ORFINGER and COBB, JJ., concur. 1 See, e.g., Martin v. Martin, 376 So.2d 400 (Fla. 1st......
  • Johns v. Johns, 82-323
    • United States
    • Florida District Court of Appeals
    • December 1, 1982
    ...and costs. Sloman v. Sloman, 418 So.2d 1249 (Fla. 4th DCA 1982); Mahoney v. Mahoney, 380 So.2d 497 (Fla.2d DCA 1980); Droubie v. Droubie, 379 So.2d 1331 (Fla.2d DCA 1980) and Canakeris v. Canakeris, We remand with respectful instructions to award the wife reasonable attorney fees and costs,......
  • Westley v. Westley, 81-992
    • United States
    • Florida District Court of Appeals
    • July 14, 1981
    ...to pay. Patterson v. Patterson, 348 So.2d 592 (Fla.1st DCA 1977); Snider v. Snider, 375 So.2d 591 (Fla.3d DCA 1979); Droubie v. Droubie, 379 So.2d 1331 (Fla.2d DCA 1980); Section 61.16, Florida Statutes Reversed and remanded for further proceedings. ...

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