Opinion
No. 4570.
February 14, 1964. Rehearing Denied March 27, 1964.
Appeal from the Circuit Court for Pinellas County, Joseph P. McNulty, J.
Nicholas John Rompon in pro. per.
John J. Duffy, Clearwater, for appellee.
Affirmed.
ALLEN, Acting C.J., WHITE, J., and BARNS, PAUL D., Associate Judge, concur.
ON PETITION FOR REHEARING AND ON MOTION FOR ATTORNEY FEES ON APPEAL
Appellant was petitioner below in an action to modify child support payments. The lower court reduced the child support award but added an additional sum of $10.00 a week to be applied to certain outstanding medical bills incurred for psychiatric treatment of a child and for witness fees owed to one Dr. Sidney Merin for services rendered at the court hearing. Petitioner appealed and the wife was required to defend the award in order to enforce the decree.
This court affirmed the lower court without opinion and without acting on appellee's motion for attorney fees on appeal. The motion was properly filed under Florida Appellate Rule 3.16(e). Appellee directed our attention to the oversight by petition for rehearing.
In accordance with Simpson v. Simpson, Fla. 1953, 63 So.2d 764; McNeill v. McNeill, Fla. 1952, 59 So.2d 57; Kelley v. Kelley, Fla. 1952, 56 So.2d 439; Monyak v. Monyak, Fla. 1950, 43 So.2d 903; and Fla. Stat. § 65.16, F.S.A., we are convinced that appellee is entitled to attorney fees in this appeal.
Appellee is awarded One hundred fifty dollars attorney fees for services rendered on appeal.
Petition for rehearing denied.
ALLEN, Acting C.J., WHITE, J., and BARNS, PAUL D., Associate Judge, concur.