Opinion
No. 75-2096.
July 30, 1976. On Rehearing August 27, 1976.
Appeal from the Circuit Court, Palm Beach County, W.C. Williams, III, J.
Robert S. Levy, West Palm Beach, for appellant.
Edna L. Caruso, of Howell, Kirby, Montgomery, D'Aiuto Dean, West Palm Beach, for appellee.
Upon consideration of the briefs and record on appeal we are of the opinion that the order of October 24, 1975 increasing the amount of temporary alimony and providing attorney's fees and costs should be vacated and set aside. The nature and conduct of the proceedings below were such as to prevent a full and complete consideration of all evidence relevant to the issues under consideration. Moreover, the application for temporary alimony, including temporary attorney's fees, was not accompanied by the financial statement required by Rule 1.611, Fla.R.Civ.P., nor supported by competent substantial evidence. Provus v. Provus, 44 So.2d 656 (Fla. 1950); Baruch v. Giblin, 122 Fla. 59, 164 So. 831 (1936). Additionally, the award of attorney's fees for substituted counsel was not made in accordance with the procedure prescribed in Chaachou v. Chaachou, 122 So.2d 24 (Fla.3d DCA 1960). Accordingly, the order of October 24, 1975 is vacated and set aside and the cause remanded to the trial court for further proceedings consistent herewith.
MAGER, C.J., and WALDEN and DOWNEY, JJ., concur.
ON PETITION FOR REHEARING
Upon due consideration of appellee's petition for rehearing and/or clarification this court's opinion of July 30, 1976 is modified only to the extent of deleting the following sentence:
". . . Additionally, the award of attorney's fees for substituted counsel was not made in accordance with the procedure prescribed in Chaachou v. Chaachou, 122 So.2d 24 (Fla. 3d DCA 1960)."
Notwithstanding the deletion of the foregoing this court reaffirms its original opinion vacating and setting aside the order of October 24, 1975 in its entirety.
MAGER, C.J., and WALDEN and DOWNEY, JJ. concur.