Ratner v. Ratner, 73-1527
Decision Date | 09 July 1974 |
Docket Number | No. 73-1527,73-1527 |
Citation | 297 So.2d 344 |
Parties | Michael RATNER, Appellant, v. Audrey RATNER, Appellee. |
Court | Florida District Court of Appeals |
Bruckner & Greene and Richard I. Manas, Miami, for appellant.
Manners & Amoon, Miami, and Harold Mendelow, Tallahassee, for appellee.
Before BARKDULL, C. J., and PEARSON and HAVERFIELD, JJ.
Respondent-appellant seeks review of an order of contempt.
Appellant-respondent, Michael Ratner was granted a dissolution of marriage from his wife, Audrey Ratner, on April 13, 1972. The final judgment incorporated a property settlement which included a provision for payment by respondent of the wife's attorneys' fees in a reasonable amount assessed by the chancellor. Thereafter, the chancellor entered an order assessing the wife's attorneys' fees in the amount of $2,500. Subsequently, on October 29, 1973, petitioner-appellees, the attorneys of respondent's ex-wife, filed a motion for order of contempt on their own behalf wherein they sought payment of attorneys' fees. Respondent filed a response thereto and alleged therein that he was unable to pay at that time. After hearing argument of counsel for the respective parties, the court entered the following order:
'ORDERED as follows:
Respondent-appellant appeals therefrom.
On appeal, respondent alleges that the court erred in finding appellant in contempt for failure to pay attorneys' fees without a specific finding of financial ability to pay. We find this point well taken.
It is well...
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Faircloth v. Faircloth, W--506
...that he had the ability to pay it. Such would then violate the Supreme Court's ruling in Trezevant. We have considered Ratner v. Ratner, Fla.App. (3d), 297 So.2d 344, cited by appellant in support of his contention. There the court could have reversed on the ground that there was no evidenc......
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Faircloth v. Faircloth
...rel. Trezevant v. McLeod, 126 Fla. 229, 170 So. 735 (1936), and the decision of the District Court of Appeal, Third District, in Ratner v. Ratner, 297 So.2d 344 (Fla.App. 3, 1974), thereby vesting jurisdiction in this Court pursuant to Article V, Section 3(b)(3), Florida The final judgment ......
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Smith v. Smith, 82-1819
...are irrelevant under Florida law. The remaining issue is whether the trial court's contempt order is void. In Ratner v. Ratner, 297 So.2d 344, 345-46 (Fla. 3d DCA 1974), the Third District Court of Appeal, relying on the Supreme Court of Florida's decision in State ex rel. Trezevant v. McLe......
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Garo v. Garo
...a decision of the Fourth District Court of Appeal reported at 327 So.2d 845 (Fla. 4th DCA 1976), which conflicts with Ratner v. Ratner, 297 So.2d 344 (Fla. 3d DCA 1974), and State ex rel. Trezevant v. McLeod, 126 Fla. 229, 170 So. 735 (1936), thereby vesting jurisdiction in this court pursu......