COLBATH v. COLBATH

No. 71-473.

258 So.2d 50 (1972)

Carol Ann COLBATH, Appellant, v. Walter N. COLBATH, Jr., Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied March 6, 1972.


Attorney(s) appearing for the Case

Frank E. Booker, of Ryan, Taylor, Booker & Law, North Palm Beach, for appellant.

Thomas A. Bratten, of Campbell, Colbath, Kapner & Bratten, West Palm Beach, for appellee.


McNULTY, Judge.

The sole question presented on this appeal relates to the denial of attorney's fees to appellant, who successfully defended against her former husband's (appellee's) petition to modify the custody provision of a final judgment of divorce.

Appellee argues that the award of attorney's fees is discretionary and that this court is in no position to determine if an abuse of that discretion exists in this case because the only record on appeal is...

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