Thursday, June 08, 2000
Ben Wilson Bane v. Consuella Kathleen Bane

No.99-93

Polk County


Consuella Bane entered into a settlement agreement with her husband Ben Bane during their divorce, which was incorporated in the final judgment. Later, she successfully sued to set the judgment aside on grounds her former husband had misrepresented the facts and coerced her into settling. The trial court also awarded her more than $245,000 in attorney's fees and costs incurred in setting aside the judgment. Ben Bane appealed, and the Second District agreed she was entitled to fees and costs but disagreed with the way the trial court determined them.