E. D. RIVERS, JR., GUARDIAN OF THE PERSON AND PROPERTY OF LUCILE LASHLEY RIVERS, DECEASED-INCOMPETENT, APPELLANT,
v.
J. O. PHILLIPS, APPELLEE

Fla. 3d DCA | 1979-01-30
No. 78-881
Before HAVERFIELD, C. J., and HUB-BART and KEHOE, JJ.
367 So. 2d 251 Florida District Court of Appeal, Third District (1979) Caution
Cited by 26 cases


Opinion of the Court
PER CURIAM.

PER CURIAM.

Appellant, E. D. Rivers, Jr., seeks reversal of an order awarding appellee, J. 0. Phillips, a $20,000 attorney’s fee as the reasonable value of his services rendered to Rivers in his capacity as guardian of the person and property of Lucile Lashley Rivers, deceased-incompetent.

On appeal Rivers contends that the evidence was insufficient to support the amount of the attorney’s fee award. We cannot agree.

After a review of the expert testimony (which ranged from $40,000-$50,000 as a reasonable fee) and documentary evidence, we find that there was competent substantial evidence to support the award of a $20,000 attorney’s fee. Accordingly, we must affirm that award. See 4 Fla.Jur.2d Attorneys at Law § 155 (1978).

Affirmed.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By (13 total)

  • Howell v. State, 418 So. 2d 1164 (Fla. 1st DCA 1982)
    …s caused the appellant actual prejudice. Speculative allegations as to faded memories simply do not suffice to prove actual prejudice. United States v. Hendricks, 661 F. 2d 38, 40 (5th Cir. 1981); Medina-Arellano, supra, at 352-353; State v. Newman, 367 So. 2d 251, 252 (Fla. 4th DCA 1979). Consequently, we are unable to find [*1171] any due process deprivation due to delay in time. With regard to appellant’s charge that his constitutional speedy trial rights have been denied him, our analysis starts with Bar…
    1 / 2
  • Gwenn Gamse v. Touby, 382 So. 2d 115 (Fla. 3d DCA 1980)
    …etion of the trial judge and his determination will not be disturbed unless there is a lack of competent substantial evidence to support the award. See Lucom v. Atlantic National Bank of West Palm Beach, 97 So. 2d 478 (Fla.1957); Rivers v. Phillips, 367 So. 2d 251 (Fla. 3d DCA 1979). The record in the instant case is replete with evidence supporting the awards to Touby, the guardian and his attorneys. Gamse having failed to present any expert testimony as to what reasonable fees would be, we find no abuse of…
  • Marrero v. State, 428 So. 2d 304 (Fla. 2d DCA 1983)
    …deration of the actual prejudice suffered by the defendant,3 the reasons asserted by the state for the delay, and the length of the delay. State v. Parent, 408 So. 2d 612 (Fla. 2d DCA), pet. for rev. den. 418 So. 2d 1280 (Fla.1982); State v. Newman, 367 So. 2d 251 (Fla. 4th DCA 1979). It is absolutely essential that the defendant show that he suffered actual prejudice as a result of the delay. See Lovasco; Parent; Howell v. State, 418 So. 2d 1164 (Fla. 1st DCA 1982); Newman. If he does not prove actual prejud…

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