Sixth District Affirms Denial of Wife’s Request for Fees Based on “Need.”
In Falcone v. Fyke, Case Nos. H031458 & H031792 (6th Dist. Mar. 5, 2009) (unpublished), the family law judge denied wife’s request for an award of attorney’s fees to equalize the family dispute playing field because wife did not timely file her income/expense statement or supporting papers. The Sixth District affirmed, finding no abuse of discretion when a litigant did not follow deadlines—especially given a past history of granting continuances so deadlines were not transgressed.
We like the appellate panel’s use of this ancient proverb: “For want of a nail the shoe was lost ….” (Herbert, Jacula Prudentum (1651).) This proverb was used to show that appellant’s remaining arguments failed because the resolution of her first argument was equally dispositive of these subsequent contentions.
Library of Congress. Arthur Rothstein, photographer (1915 – 1985).