Conner v. Conner

This cause, Conner v. Conner, 411 So.2d 899 (Fla. 1st DCA 1982), is before us pursuant to article V, section 3(b)(3) of the Florida Constitution as conflicting with Shaw v. Shaw, 334 So.2d 13 (Fla.1976). We have jurisdiction. We approve in part and quash in part the opinion of the district court.

We agree with the First District’s holding that the property distribution should be considered in light of this Court’s opinion (issued after the decision of the trial court) in Canakaris v. Canakaris, 382 So.2d 1197 (Fla.1980). Nonetheless, the determination that a party has been “shortchanged” is an issue of fact and not one of law, and in making that determination on the facts before it in the instant case, the district court exceeded the scope of appellate review. Shaw v. Shaw. Thus, the cause must be remanded for a further finding of fact as to what special equity, if any, the ex-wife has in property titled in the ex-husband’s name as a result of her contributions to his business and political success.

Consequently, the issue of attorney’s fees must be revisited if any redistribution of property should materially change the parties’ abilities to bear their own or the other party’s attorney’s fees. We note that the reasonableness of attorney’s fees is also an issue of fact, to be determined by the trial court. International Funding Corp. v. Decora Steel City, Inc., 317 So.2d 130 (Fla. 3d DCA 1975).

It is so ordered.

OVERTON, McDonald, EHRLICH and SHAW, JJ., concur.

BOYD, J., concurs in part and dissents in part with an opinion, in which ADKINS, J., concurs.

ALDERMAN, C.J., dissents with an opinion.