474 So. 2d 1276

Claudia Lynne GURMAN, Appellant, v. Mark Howard GURMAN, Appellee.

No. 84-2805.

District Court of Appeal of Florida, Third District.

Sept. 10, 1985.

Maurice Jay Kutner, Miami, for appellant.

Lawrence A. France, North Miami Beach, for appellee.

Before SCHWARTZ, C.J., and DANIEL S. PEARSON and JORGENSON, JJ.

DANIEL S. PEARSON, Judge.

This appeal is from an order awarding attorneys’ fees in a post-dissolution proceeding. Inter alia, the order declared that a reasonable fee for the services rendered to the former wife, Claudia Gurman, by her attorney, Maurice Jay Kutner, is the sum of $13,000; required the former husband to pay such sum; and, in effect, absolved the client from any obligation to pay additional fees to Kutner, notwithstanding Kutner’s assertion that additional fees were due and owing to him under a contract between him and the client.1

*1277Although this appeal is brought in the name of Claudia Gurman, it is apparent that of the two contentions ostensibly made on her behalf, one — that the trial court exceeded its jurisdiction in ruling that Claudia owed no additional fees to Kutner — advances Kutner’s interest only and, indeed, is in derogation of the interest of Claudia.2 Thus, Claudia, because here represented by Kutner, has obviously had no opportunity to defend against Kutner’s contention and would be denied due process were we to entertain the appeal on this point. Therefore, we decline to consider or rule upon this point on appeal.3

The one contention which is appropriately before us — that the trial court abused its discretion in finding $13,000 to be a reasonable fee because the services rendered to the wife warrant a far higher fee — is, in our view, without merit.

Affirmed.

Gurman v. Gurman
474 So. 2d 1276

Case Details

Name
Gurman v. Gurman
Decision Date
Sep 10, 1985
Citations

474 So. 2d 1276

Jurisdiction
Florida

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