Nash v. Nash, 96-2466
| Decision Date | 26 February 1997 |
| Docket Number | No. 96-2466,96-2466 |
| Citation | 688 So.2d 428 |
| Parties | 22 Fla. L. Weekly D510 Frank L. NASH, Appellant, v. Patricia C. NASH, Appellee. |
| Court | Florida District Court of Appeals |
Stephen K. Loffredo, Miami Shores, for appellant.
Jerry B. Schreiber, Miami, and Frances Schreiber, for appellee.
Before NESBITT, GODERICH and SORONDO, JJ.
We affirm the trial court's award of temporary attorney's fees finding that such an award was reasonable and not an abuse of discretion. § 61.16, Fla. Stat. (1995); Mueller v. Mueller, 307 So.2d 195 (Fla. 3d DCA 1975). However, we reverse the entry of the income deduction order solely for the payment of attorney's fees on the basis that such an order is not sanctioned by section 61.1301, Florida Statutes (1995). Humana Health Plans v. Lawton, 675 So.2d 1382, 1384 (Fla. 5th DCA 1996)("A statute which is in derogation of common law must be strictly construed, and the presumption is that no change in common law is intended unless the statute explicitly so states.").
Affirmed, in part; reversed, in part.
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...distribution. See § 61.1301, Fla. Stat.(2000); see also Colligan v. Colligan, 759 So.2d 688 (Fla. 3DCA 2000); Nash v. Nash, 688 So.2d 428, 429 (Fla. 3d DCA 1997); Board of Pension Trustees of the City General Employees Pension Plan v. Vizcaino, 635 So.2d 1012, 1015 (Fla. 1st DCA 1994) ("[S]......
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Rose v. Rose, 3D03-1213.
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Colligan v. Colligan, 3D99-1006.
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