Hope v. Lipkin
District Court of Appeal of Florida
1Per curiam
The right to attorneys’ fees is derivative in nature when representing the wife in a divorce action. See: Smith v. Smith, 90 Fla. 824, 107 So. 257. Counsel for the wife have attempted to take an appeal in their individual names and not on behalf of the wife. Never having been parties of record in the trial court, they have no standing to prosecute such an appeal. See: Salomon v. Taylor, 50 Fla. 608, 39 So. 48; King v. Brown, Fla.1951, 55 So.2d 187; 2 Fla.Jur., Appeals, § 55. Therefore, same is hereby dismissed,
Dismissed.
2Cases cited4 opinions
- Smith v. SmithSupreme Court of Florida · 1925
- Smith v. SmithSupreme Court of Florida · 1925
- King v. BrownSupreme Court of Florida · 1951
- Salomon v. TaylorSupreme Court of Florida · 1905
3Cited by7 opinions
- Tubbs v. Mechanik Nuccio Hearne & Wester, P.A.District Court of Appeal of Florida · 2013
- Valparaiso Bank & Trust Co. v. SimsDistrict Court of Appeal of Florida · 1977
- Wolf v. HortonDistrict Court of Appeal of Florida · 1976
- Brown v. Brown (In Re Brown)United States Bankruptcy Court, M.D. Florida · 1994
- Fickle v. AdkinsDistrict Court of Appeal of Florida · 1980
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