Summary
In Nash v. Nash, 688 So.2d 428, 429 (Fla. 3d DCA 1997), reversing the entry of the income deduction order solely for the payment of attorney's fees, we held that section 61.1301, Florida Statutes (1995), was in derogation of the common law and must be strictly construed.
Summary of this case from Colligan v. ColliganOpinion
Case No. 96-2466
Opinion filed February 26, 1997.
An Appeal from a non-final order from the Circuit Court of Dade County, Carol R. Gersten, Judge.
LOWER TRIBUNAL NO. 90-12118
Stephen K. Loffredo, for appellant.
Jerry B. Schreiber 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.