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OVERBEY v. OVERBEY

No. 95-910.

664 So.2d 351 (1995)

Daniel Lynn OVERBEY, Appellant, v. Janet Carol Hutching OVERBEY, Appellee.

District Court of Appeal of Florida, Fifth District.

December 15, 1995.

Attorney(s) appearing for the Case

Lawrence J. Nixon, Daytona Beach, for Appellant.

Richard J. D'Amico, Ormond Beach, for Appellee.

PER CURIAM.

Daniel Overbey appeals from the final order awarding his former wife attorney's fees resulting from a modification proceeding filed by Overbey. We find that the trial court abused its discretion because the parties have a substantially equal ability to pay. See Cummings v. Cummings, 330 So.2d 134, 136 (Fla. 1976) (where the parties to a dissolution proceeding are equally able to pay attorney's fees, it is an abuse...

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