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Ferguson v. Ferguson

District Court of Appeal of Florida, Third District
Dec 14, 1982
423 So. 2d 509 (Fla. Dist. Ct. App. 1982)

Opinion

No. 82-526.

December 14, 1982.

Appeal from the Circuit Court for Dade County, Richard S. Hickey, J.

Gary N. Holthus, Miami, for appellant.

Solomon Mendelow, Miami, for appellee.

Before HUBBART, C.J., and BASKIN and FERGUSON, JJ.


The post-decretal order awarding attorney's fees in this cause is affirmed upon a holding that: (a) the trial court specifically retained jurisdiction in the final judgment of marriage dissolution to set an attorney's fee for the wife Carmeline Agnes Ferguson and determined thereby that the said wife was entitled to such a fee; and (b) the death of the wife subsequent to the entry of the above final judgment of marriage dissolution did not deprive the trial court of jurisdiction to take testimony as to the amount of the attorney's fee owed and to enter the order appealed from. See Adler v. Adler, 418 So.2d 1007 (Fla. 3d DCA 1982); Becker v. King, 307 So.2d 855 (Fla. 4th DCA), cert. dism., 317 So.2d 76 (Fla. 1975); see also Valparaiso Bank Trust Co. v. Sims, 343 So.2d 967 (Fla. 1st DCA), cert. denied, 353 So.2d 678 (Fla. 1977).

Affirmed.


Summaries of

Ferguson v. Ferguson

District Court of Appeal of Florida, Third District
Dec 14, 1982
423 So. 2d 509 (Fla. Dist. Ct. App. 1982)
Case details for

Ferguson v. Ferguson

Case Details

Full title:FRANCIS ROBB FERGUSON, APPELLANT, v. CARMELINE AGNES FERGUSON, APPELLEE

Court:District Court of Appeal of Florida, Third District

Date published: Dec 14, 1982

Citations

423 So. 2d 509 (Fla. Dist. Ct. App. 1982)

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