Feldman v. Feldman

• Decision Date: 09 December 1980
• Docket Number: No. 80-62,80-62
• Citation: 390 So.2d 1231
• Parties: Isaac FELDMAN, Appellant, v. Zena K. FELDMAN, Appellee.
• Court: Florida District Court of Appeals

Page 1231

390 So.2d 1231

Isaac FELDMAN, Appellant, v.Zena K. FELDMAN, Appellee.

No. 80-62.

District Court of Appeal of Florida, Third District.

Dec. 9, 1980.

Weintraub, Weintraub, Seiden, Dudley & Press and Albert L. Weintraub, Miami, for appellant.

Markus & Winter and Laurie S. Silvers, Miami, for appellee.

Before HUBBART, C. J., and BASKIN and DANIEL S. PEARSON, JJ.

DANIEL S. PEARSON, Judge.

The portions of the final judgment of dissolution of marriage which awarded attorneys' fees in the amount of $10,000 to the wife, Zena Feldman, and ordered Isaac Feldman to transfer to Zena twenty-six per cent of the operating capital of American Men's Wear Clothing Company, Inc., are reversed upon holdings that (1) the failure of the wife to offer expert testimony to establish the reasonableness of the attorneys' fees vitiates the award, Alexander Muss & Sons, Inc. v. Nelson, 366 So.2d 532(Fla. 3d DCA1979);Wilson v. Wilson, 362 So.2d 1030(Fla. 3d DCA1978);Segal v. Segal, 353 So.2d 894(Fla. 3d DCA1977);Lee v. Gilbert, Silverstein & Hellman, P. A., 350 So.2d 1147(Fla. 3d DCA1977);(2)the trial court, although well within its authority to order, as it did, the husband to transfer to the wife stock owned by him in American Men's Wear Clothing Company, Inc., was not empowered to order the transfer of the assets of a corporation which was not a party to the litigation, seeCouture v. Couture, 307 So.2d 194(Fla. 3d DCA1975).

Since the wife's failure to offer...