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AZZARELLI v. PUPELLO

No. 89-00068.

555 So.2d 1276 (1989)

Elena Alvarez AZZARELLI, Former Wife, Appellant, v. Michael Dean PUPELLO, Former Husband, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied January 31, 1990.

Attorney(s) appearing for the Case

C. Philip Campbell, Jr. and Fernando J. Alvarez of Campbell & Watkins, Tampa, for appellant.

Deborah Marks of Hertzberg & Malinski, P.A. and Cynthia L. Greene of Law Offices of Greene and Greene, P.A., Miami, amicus curiae brief on behalf of the Family Law Section of the Florida Bar.

Stevan T. Northcutt of Levine, Hirsch, Segall & Northcutt, P.A., Tampa, for appellee.

CAMPBELL, Chief Judge.

The question presented to us in this appeal is whether attorney's fees may be denied a former wife in an action to enforce a final judgment of dissolution of marriage solely on the basis that the former wife's present husband voluntarily paid her attorney's fees to enable her to have adequate representation. We answer that question in the negative, reverse the order of the trial court denying appellant attorney's fees and remand for further...

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