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Nash v. Nash

District Court of Appeal of Florida, Third District
Feb 26, 1997
688 So. 2d 428 (Fla. Dist. Ct. App. 1997)

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. Colligan

Opinion

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.


Summaries of

Nash v. Nash

District Court of Appeal of Florida, Third District
Feb 26, 1997
688 So. 2d 428 (Fla. Dist. Ct. App. 1997)

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. Colligan
Case details for

Nash v. Nash

Case Details

Full title:FRANK L. NASH, Appellant, vs. PATRICIA C. NASH, Appellee

Court:District Court of Appeal of Florida, Third District

Date published: Feb 26, 1997

Citations

688 So. 2d 428 (Fla. Dist. Ct. App. 1997)

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