IN RE THE ESTATE OF MIGUEL LOPEZ, DECEASED
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PER CURIAM.
This is a consolidated appeal by the decedent’s widow from two orders entered by the trial court upon motions of the appellee personal representative. Appellee’s initial motion sought authorization to pay an attorney’s fee and costs as well as an appraiser’s fee with regard to real property in Guatemala. The second sought direction with respect to making payments on mortgages encumbering real property in Guatemala.
Appellant has demonstrated error as to the reasonableness of the attorney’s fee and the appraiser’s fee. The record does not disclose substantial competent evidence of the services performed by the attorney or appraiser nor the reasonable value of those services. Such evidence as to both elements is essential to an award for fees. Cohen v. Cohen, 400 So. 2d 463 (Fla. 4th DCA 1981). Therefore, we reverse the award of the attorney’s fee and appraiser’s fee and remand for further hearing.
Finding no error in the trial court’s order as to payments on the Guatemalan property, we affirm same.
DOWNEY, GLICKSTEIN and DELL, JJ., concur.
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Rodriguez v. David Campbell, M.D., 720 So. 2d 266 (Fla. 4th DCA 1998)…1240 (Fla. 4th DCA 1986) (reversing attorney’s fee award because the attorney who performed the services did not personally testify to support the award, and remanding for a new trial limited to the issue of attorney’s fees); In re: Estate of Lopez, 410 So. 2d 618 (Fla. 4th DCA 1982) (reversing orders awarding attorney’s fee and appraiser’s fee due to lack of competent substantial evidence of services performed and reasonable value of services, and remanding for further hearing); Cohen v. Cohen, 400 So. 2d 46…
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Tutor Time Merger Corp. v. MeCABE, 763 So. 2d 505 (Fla. 4th DCA 2000)…arding the number of hours reasonably expended and a reasonable hourly rate for the type of litigation involved. Rodriguez v. Campbell, 720 So. 2d 266 (Fla. 4th DCA 1998); Kelly v. Tworoger, 705 So. 2d 670 (Fla. 4th DCA 1998); In re Estate of Lopez, 410 So. 2d 618 (Fla. 4th DCA 1982). Additionally, the award must be supported by expert evidence, including the testimony of the attorney who performed the services. Rodriguez, 720 So. 2d at 267 (citing Cohen v. Cohen, 400 So. 2d 463 (Fla. 4th DCA 1981)). The same…
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Powell v. Barnes, 629 So. 2d 185 (Fla. 5th DCA 1993)…o the contested costs of $114,026.85, the plaintiffs were obligated to support their motion for the taxation of those costs by substantial, competent evidence of the services performed and the reasonable value of those services. In re Lopez’ Estate, 410 So. 2d 618 (Fla. 4th DCA 1982). That was not done in this case. That evidence must come from witnesses qualified in the areas concerned. The individual experts whose charges are at issue obviously would be qualified to provide such evidence; also, another qual…
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- Jules J. Cohen v. Rosalyn L. Cohen, 400 So. 2d 463 (Fla. 4th DCA 1981)