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ELENEWSKI v. ELENEWSKI

No. 87-2933.

528 So.2d 1354 (1988)

Jeffrey ELENEWSKI, Appellant, v. Roslyn ELENEWSKI, Appellee.

District Court of Appeal of Florida, Third District.

August 9, 1988.

Attorney(s) appearing for the Case

David Harris Singer, Miami, for appellant.

Edward J. Schack, Oakland Park, for appellee.

Before SCHWARTZ, C.J., and HUBBART, J., and JOE A. COWART, Jr., Associate Judge.

SCHWARTZ, Chief Judge.

Without consideration of the ex-husband's alleged inability to pay, the trial judge taxed against him all of the attorney's fees expended by his ex-wife in defense of his unsuccessful motion for modification of the child support payments provided in the final judgment of dissolution. The only basis of the award was the fact that the husband's motion had been found to be without merit and denied by the court. The ex-husband appeals and we vacate...

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