Ratner v. Ratner, 73-1527

Decision Date09 July 1974
Docket NumberNo. 73-1527,73-1527
Citation297 So.2d 344
PartiesMichael RATNER, Appellant, v. Audrey RATNER, Appellee.
CourtFlorida 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.

PER CURIAM.

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:

'1. That the Husband's Motion to Strike filed this date before this Court be and the same is hereby denied.

'2. That the said Michael Ratner is hereby found to be in willful contempt of the previous Orders of this Court and is hereby sentenced to serve thirty (30) days in the Dade County Jail; provided, however, that the sentence of said thirty (30) days is stayed and the said Michael Ratner may purge himself of this contempt conditioned upon the said Michael Ratner paying unto the law firm of Manners and Amoon, P.A., on or before 5:00 p. m., Thursday, December 6, 1973, the sum of Five Hundred Dollars ($500.00), and on or before the 6th day of each month thereafter an additional sum of Five Hundred Dollars ($500.00); said monies to be paid to the law firm of Manners and Amoon, P.A., until the total sum of Two Thousand Two Hundred Eighty Dollars ($2,280.00) has been paid to the said law firm as set forth in previous Order of this Court dated April 18, 1973.'

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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8 cases
  • Faircloth v. Faircloth, W--506
    • United States
    • Florida District Court of Appeals
    • October 29, 1975
    ...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......
  • Faircloth v. Faircloth
    • United States
    • Florida Supreme Court
    • November 18, 1976
    ...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 ......
  • Smith v. Smith, 82-1819
    • United States
    • Florida District Court of Appeals
    • April 22, 1983
    ...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......
  • Garo v. Garo
    • United States
    • Florida Supreme Court
    • June 2, 1977
    ...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......
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