ROBERT B. TANNER, APPELLANT,
v.
PATRICIA M. TANNER, APPELLEE
MOORE, Judge.
In a post-judgment dissolution proceeding, the husband appeals in order which, inter alia, found him in contempt of court and awarded his wife additional attorneys fees. We reverse in part.
The award of attorneys fees was made without any expert testimony to substantiate the claimed fee. The only testimony proffered was that of the lawyer claiming the fee. This is clearly inadequate. Mullane v. Lorenz, 372 So. 2d 168 (Fla. 4th DCA 1979); Lamar v. Lamar, 323 So. 2d 43 (Fla. 4th DCA 1975). Accordingly, the award of attorneys fees is hereby reversed and this cause is remanded to the trial court for a further hearing thereon.
DOWNEY and ANSTEAD, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Cited By (18 total)
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Jules J. Cohen v. Rosalyn L. Cohen, 400 So. 2d 463 (Fla. 4th DCA 1981)…o. v. Rickards Electric Service, Inc., 348 So. 2d 1202, 1205 (Fla. 4th DCA 1977); Benitez v. Benitez, 337 So. 2d 408 (Fla. 4th DCA 1976). Implicit in this is the requirement that the value of services be proven by expert witnesses. Tanner v. Tanner, 391 So. 2d 305 (Fla. 4th DCA 1980); Lyle v. Lyle, 167 So. 2d 256 (Fla. 2d DCA 1964). We have not previously addressed the question of the necessity of the subject party’s attorney testifying as to his services although Lyle v. Lyle, supra, expressly recognizes s…
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Rodriguez v. David Campbell, M.D., 720 So. 2d 266 (Fla. 4th DCA 1998)…v. Cohen, 400 So. 2d 463 (Fla. 4th DCA 1981) (reversing award assessed solely on expert witness’s testimony absent testimony of trial counsel, and remanding to the trial court for “further hearing in accordance with this opinion”); Tanner v. Tanner, 391 So. 2d 305 (Fla. 4th DCA 1980) (reversing award assessed solely on testimony of attorney claiming fee, absent expert testimony substantiating fee, and remanding for further hearing); Geraci v. Kozloski, 377 So. 2d 811 (Fla. 4th DCA 1979) (reversing portion of…
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Brake v. Eve E. Murphy, 736 So. 2d 745 (Fla. 3d DCA 1999)…in the record providing for such procedure. The case law is clear that fees cannot be assessed based solely on the testimony of the attorney claiming the fee, but rather expert testimony must be offered substantiating the fee. See Tanner v. Tanner, 391 So. 2d 305 (Fla. 4th DCA 1980); Geraci v. Kozloski, 377 So. 2d 811 (Fla. 4th DCA 1979); Benitez v. Benitez, 337 So. 2d 408 (Fla. 4th DCA 1976). Second, while proof by way of contemporaneous records is not imperative, something more than wild guesses are neces…
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- Lamar v. Lamar, 323 So. 2d 43 (Fla. 4th DCA 1975)
- Mullane v. Twylah M. Lorenz, 372 So. 2d 168 (Fla. 4th DCA 1979)