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MILLER v. MILLER

No. 94-4318.

661 So.2d 381 (1995)

Deborah MILLER, Appellant, v. Benjamin K. MILLER, Appellee.

District Court of Appeal of Florida, First District.

October 12, 1995.

Attorney(s) appearing for the Case

Kimberly Fitzpatrick Pell, Panama City, for Appellant.

Jeffrey P. Whitton, Panama City, for Appellee.

PER CURIAM.

We have for review an order requiring Benjamin K. Miller (husband) to pay $250 monthly toward his child and spousal support arrearages, denying Deborah Miller's (wife) motion for contempt, and denying the wife's request for an attorney's fee.

The trial judge denied the wife's request for an attorney's fee based on the fact that the husband was not found in contempt. It was error to deny a fee for this reason. Foster v. Foster,

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