Summary
holding that the trial court's order establishing an eight-year payment schedule was "manifestly erroneous" where the former husband had the ability to pay
Summary of this case from J.A.L. v. R.M.A.Opinion
No. 84-1832.
May 28, 1985.
Appeal from the Circuit Court, Dade County, George Orr, J.
Stabinski Funt and Cristina de Oliveira, Miami, for appellant.
No appearance, for appellee.
Before HENDRY, DANIEL S. PEARSON and JORGENSON, JJ.
This cause recurs here following our opinion in Urbieta v. Urbieta, 446 So.2d 230 (Fla. 3d DCA 1984), which dealt with the award of attorneys' fees to Mayra Urbieta's former attorneys. Pursuant to our mandate, the trial court set reasonable attorneys' fees at $5,800.00. Thereafter, the trial court determined that the fees were to be paid as follows: $1,000.00 to be paid immediately; the remaining $4,800.00 to be paid in monthly installments of $50.00.
As the law firm points out, it would take eight years for the husband to discharge the remaining $4,800.00 obligation if such payments are made through monthly installments of $50.00. The order was manifestly erroneous in face of the husband's financial affidavits reflecting assets of $391,000.00.
The trial court abused its discretion. We accordingly reverse and remand with directions to enter judgment for the former attorneys for the amount of attorneys' fees not yet paid.
Reversed and remanded with directions.