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Hernandez v. James Earl Riley

District Court of Appeal of Florida, First District
Jul 23, 2002
821 So. 2d 456 (Fla. Dist. Ct. App. 2002)

Opinion

No. 1D01-3710.

July 23, 2002.

An Appeal from the Circuit Court for Escambia County. Frank Bell, Judge.

Thomas R. Santurri, Pensacola, for Appellant.

Laura E. Keene of Beroset Keene, Pensacola, for Appellee.


In this appeal from a final judgment of dissolution of marriage, we affirm as to all issues except that by which the former wife complains that the trial court should have awarded attorney fees to her. Although, in denying the former wife's request for attorney fees the trial court found "that both parties are leaving the marriage in essentially the same position in terms of assets, and that there is no disparity in their relative financial circumstances," we are unable to assess the correctness of that finding because the trial court made no finding regarding the parties' respective incomes. Accordingly, we reverse as to the attorney fee issue only. On remand, the trial court is directed to make findings regarding the parties' respective incomes and other financial matters, sufficient to permit intelligent review of its decision regarding the former wife's request for attorney fees. In all other respects, we affirm.

AFFIRMED IN PART; REVERSED IN PART; and REMANDED, with directions.

BARFIELD, WEBSTER and BENTON, JJ., concur.


Summaries of

Hernandez v. James Earl Riley

District Court of Appeal of Florida, First District
Jul 23, 2002
821 So. 2d 456 (Fla. Dist. Ct. App. 2002)
Case details for

Hernandez v. James Earl Riley

Case Details

Full title:HEIDI HERNANDEZ, f/k/a HEIDI RILEY, Appellant, v. JAMES EARL RILEY, JR.…

Court:District Court of Appeal of Florida, First District

Date published: Jul 23, 2002

Citations

821 So. 2d 456 (Fla. Dist. Ct. App. 2002)

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