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Rine v. Rine, 70--461

Document Cited authorities 3 Cited in 4 Precedent Map Related
Decision Date10 November 1970
Docket NumberNo. 70--461,70--461
Citation240 So.2d 655
CourtFlorida District Court of Appeals
PartiesBergliette B. RINE, Appellant, v. William E. RINE, Appellee.

Page 655

240 So.2d 655

Bergliette B. RINE, Appellant, v. William E. RINE, Appellee.

No. 70--461.

District Court of Appeal of Florida, Third District.

Nov. 10, 1970.

Smathers & Thompson, and Earl D. Waldin, Jr., Miami, for appellant.

Horton & Schwartz, and Robert C. Lane, Miami, for appellee.

Before PEARSON, C.J., and BARKDULL and SWANN, JJ.

PER CURIAM.

This interlocutory appeal is taken from an order entered after judgment which denied appellant-wife's petition for attorney's fees. In the previous final judgment the court had dismissed the appellant-wife's suit for divorce after trial. When the cause came on to be heard on the wife's application for attorney's fees the court found as follows:

'* * * The legal issue presented by the oral argument and written briefs for the respective parties is whether or not attorney fees and suit monies shall be awarded to a wife, of independent means, who files a groundless and ultimately unsuccessful suit for divorce against her husband.'

Based on this finding the court entered its order denying any recovery against the appellee-husband but of its own motion directed the wife to pay the sum specified as a reasonable fee. We note that the direction to the wife is not in the form of a judgment, but we feel constrained to mention that since it is not based on a pleading or notice to the wife of such application it is of no legal effect. Lovett v. Lovett, 93 Fla. 611,...

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4 cases
  • Hyatt v. Hyatt, 74--922
    • United States
    • Florida District Court of Appeals
    • June 10, 1975
    ...thereto and the judgment pertaining to these matters is affirmed. See, e.g., Lee v. Lee, Fla.App.1972, 262 So.2d 6 and Rine v. Rine, Fla.App.1970, 240 So.2d 655. Turning to point two, we conclude that the effect of the alimony provision was to furnish appellant, ex-wife, with monthly amount......
  • VAC Development Corp. v. Castillo
    • United States
    • Florida District Court of Appeals
    • May 24, 1977
    ...See Cortina v. Cortina, Fla. 1957, 98 So.2d 334; Cravero v. Florida State Turnpike Authority, Fla. 1956, 91 So.2d 312; and Rine v. Rine, Fla.App. 1970, 240 So.2d 655. It is clear from the judgment entered that it does not attempt to settle all the equities between the parties but it is uncl......
  • VAC Development Corp. v. Abelleira
    • United States
    • Florida District Court of Appeals
    • April 27, 1976
    ...See Cortina v. Cortina, Fla.1957, 98 So.2d 334; Cravero v. Florida State Turnpike Authority, Fla.1956, 91 So.2d 312; and Rine v. Rine, Fla.App.1970, 240 So.2d 655. It is clear from the judgment entered that it does not attempt to settle all the equities between the parties but it is unclear......
  • Williams v. Williams, Q--123
    • United States
    • Florida District Court of Appeals
    • January 16, 1973
    ...(Fla.1957) 98 So.2d 334, 336, 337.2 Cortina v. Cortina, supra note 1; Mendel v. Mendel (Fla.App.1972) 257 So.2d 293, 296; Rine v. Rine (Fla.App.1970) 240 So.2d 655, 656. ...

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