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Taylor v. Taylor

District Court of Appeal of Florida, Third District
Jul 22, 1986
491 So. 2d 338 (Fla. Dist. Ct. App. 1986)

Opinion

No. 85-2661.

July 22, 1986.

Appeal from the Circuit Court, Dade County, Robert P. Kaye, J.

Smith Mandler, P.A., and Joan S. Peppard and Jonathan Heller, Miami, for appellant.

No appearance, for appellee.

Before SCHWARTZ, C.J., and HUBBART and JORGENSON, JJ.


Howard Taylor appeals from an order of the trial court adjudging him in contempt and sentencing him to one weekend in the Dade County Jail for having physically assaulted his former wife. He also appeals from a final judgment awarding the former wife attorneys' fees incurred in the prosecution of her contempt motion.

We affirm the contempt conviction and sentence entered thereon. See Applegate v. Barnett Bank of Tallahassee, 377 So.2d 1150 (Fla. 1979). We reverse the attorneys' fee award since there is no statutory basis to sustain it. See Gibson v. Troxel, 453 So.2d 1160 (Fla. 4th DCA 1984); Miller v. Colonial Baking Co., 402 So.2d 1365 (Fla. 1st DCA 1981).

Affirmed in part, reversed in part, and remanded.


Summaries of

Taylor v. Taylor

District Court of Appeal of Florida, Third District
Jul 22, 1986
491 So. 2d 338 (Fla. Dist. Ct. App. 1986)
Case details for

Taylor v. Taylor

Case Details

Full title:HOWARD E. TAYLOR, APPELLANT, v. ILEEN F. TAYLOR, APPELLEE

Court:District Court of Appeal of Florida, Third District

Date published: Jul 22, 1986

Citations

491 So. 2d 338 (Fla. Dist. Ct. App. 1986)