SOUNDCRAFTERS, INC., ETC., APPELLANT,
v.
THOMAS CARL LAIRD, APPELLEE
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The court held that the trial court erred in allowing an expert affidavit over objection without providing an opportunity for cross-examination.
After a non-jury trial, judgment was entered for Soundcrafters, and attorney's fees were awarded pursuant to contract. Soundcrafters sought a higher f…
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FRANK D. UPCHURCH, Jr., Judge.
Soundcrafters appeals from an order entered pursuant to final judgment awarding it attorney’s fees and costs. Soundcrafters contends that the amount awarded for attorney’s fees was inadequate.
After a non-jury trial, judgment was entered for Soundcrafters. Attorney’s fees and costs were awarded pursuant to the contract involved in the litigation. At a hearing on the matter, counsel for Sound-crafters produced a detailed statement reflecting 42.2 hours of work and based on an hourly rate of $100 claimed entitlement to $4,220. A local attorney testified for Soundcrafters and produced an affidavit which reflected that in his opinion, $5,500 would be a reasonable fee. Counsel for Laird cut this witness’ testimony short say ing that the affidavit was sufficient and there was no need for the witness to further testify.
Counsel for Laird then requested he be allowed five days to file an affidavit from another local attorney. Over the objection of Soundcrafters, the court permitted it. This affidavit was filed with the court and averred that a competent attorney would have spent fifteen hours on the case and charged $75 per hour. This came to $1,125, the amount ultimately awarded by the court.
We conclude that the trial court erred in permitting Laird’s sole expert to testify by way of affidavit over Soundcrafters’ objection. Soundcrafters was deprived of any opportunity to cross-examine the expert as to the basis for his opinion, while Laird had been given an opportunity to cross-examine Soundcrafters’ witness. In saying this, we do not imply that the fee awarded by the trial court was inadequate, only that the procedure followed was improper. We REVERSE and REMAND for reconsideration. See Dunn v. Sentry Insurance, 462 So. 2d 107 (Fla. 5th DCA 1985).
COBB, C.J., and DAUKSCH, J., concur.
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Nants v. Griffin, 783 So. 2d 363 (Fla. 5th DCA 2001)…as a lapse in Nants’ treatment and Nants had been involved in two subsequent accidents. This was not disputed by Nants’ attorney. . See generally Michael A. Polesso, Inc. v. Williams, 582 So. 2d 96 (Fla. 5th DCA 1991); Soundcrafters, Inc. v. Laird, 467 So. 2d 480 (Fla. 5th DCA 1985). . In Cohen, the Fourth District incorrectly applied Lyle v. Lyle, 167 So. 2d 256, 257 (Fla. 2d DCA 1964) and held that the attorney who had performed the legal services was required to testify at a hearing in which attorney’s f…
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Horowitz v. Rossdale CLE, Inc. (Fla. 5th DCA 2023)…ify or submit an affidavit regarding his services); see also Ali v. Wells Fargo Bank, N.A., 264 So. 3d 1096, 1097 n.1 (Fla. 5th DCA 2019) (declining a party’s invitation to remand on contested, untimely affidavits”); Soundcrafters, Inc. v. Laird, 467 So. 2d 480, 481 (Fla. 5th DCA 1985) (reversing an award of attorney’s fees in a case where the court permitted a witness “to testify by way of affidavit” without being cross-examined); see also Robinson v. Nationstar Mortg. LLC, 301 So. 3d 1059, 1063 (Fla. 2d…
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Sarosh S. Dhondy v. Schimpeler, 528 So. 2d 484 (Fla. 3d DCA 1988)…estimony. See In re One 1972 Volvo Vehicle I.D. #1426363290699 Florida Tag #NUE 848, 489 So. 2d 1240 (Fla. 4th DCA 1986) (error to award attorney’s fees to attorney who did not personally testify to services performed); Soundcrafters, Inc. v. Laird, 467 So. 2d 480 (Fla. 5th DCA 1985) (trial court erred in permitting defendant's sole expert to testify to amount of fee incurred by way of affidavit where plaintiff objected to lack of opportunity to cross-examine expert). Cf. Insurance Co. of North America v. Jul…
Authorities Cited
- Dunn v. Sentry Ins., 462 So. 2d 107 (Fla. 5th DCA 1985)