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MORRIS v. MORRIS

No. 5D10-672.

62 So.3d 1215 (2011)

Gary Lee MORRIS, Appellant, v. Robin Lynn Tardif MORRIS, Appellee.

District Court of Appeal of Florida, Fifth District.

June 10, 2011.

Attorney(s) appearing for the Case

Theodore R. Doran , of Doran, Sims, Wolfe, Ansay & Kundid, Daytona Beach, for Appellant.

Horace Smith, Jr. , of Horace Smith, Jr., P.A., Smith, Hood, Loucks, Stout, Bigman & Brock, P.A., Daytona Beach, for Appellee.

PER CURIAM.

The former husband, Gary Lee Morris, timely appeals a final judgment awarding attorney's fees and costs to the former wife in the amount of $69,069.82. We agree with the former husband that under the facts of this case the trial court should have set the fee and cost award off against the $98,800 that the former wife owed him based upon his overpayment of alimony. See Novack v. Novack,

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