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BUTLER v. BUTLER

No. 79-802/T4-492.

376 So.2d 287 (1979)

Betty Kate BUTLER, Appellant, v. James M. BUTLER, Jr., Appellee.

District Court of Appeal of Florida, Fifth District.

October 29, 1979.

Attorney(s) appearing for the Case

Walter Komanski, Legal Aid Soc., Orlando, for appellant.

No appearance for appellee.

PER CURIAM.

This is an appeal from an order denying Appellant's motion for attorney's fees in a divorce case.

In denying an award of attorney's fees to Appellant, the trial judge held that:

"6. The Court does not award attorney's fees where the subject matter has been determined to be a Legal Aid case by local Legal Aid Society in that legal aid should not be provided if the other party has the ability to pay a reasonable attorney's fee, if awarded...

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