BERGER V. BERGER
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Third District Court of Appeal State of Florida, July Term, A.D. 2007 Opinion filed November 28, 2007. Not final until disposition of timely filed motion for rehearing. ________________ No. 3D05-1480 Lower Tribunal No. 03-8327 ________________ Martin M. Berger, Appellant/Cross-Appellee, vs. Melanie J. Gradus Berger, Appellee/Cross-Appellant. An Appeal from the Circuit Court for Miami-Dade County, Thomas S. Wilson, Judge. Markus & Winter; Greene Smith McMillan and Cynthia Greene, for appellant/cross-appellee. Beth E. Spiegel; Jay M. Levy, for appellee/cross-appellant. Before GREEN, WELLS, and SUAREZ, JJ. Corrected Opinion SUAREZ, J. We affirm the lower court s order denying charging lien and awarding attorney s fees and costs in favor of the wife except as to the amount. We reverse on the wife s cross-appeal the amount of attorney s fees and costs awarded. On remand, the wife shall be entitled to 100% of the attorney s fees and costs based on the disparity in income between the parties as pronounced in the final judgment of dissolution of marriage as a result of the husband s greater earning capacity; the voluntary limitation of his income; and the wife s inability to earn. See Berger v. Berger, 954 So. 2d 1169 (Fla. 3d DCA 2007). Affirmed in part, reversed in part, and remanded to recalculate the amount of attorney s fees and costs for the wife. 2
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