CLARA M. BOYLE, APPELLANT/CROSS-APPELLEE,
v.
JAMES W. BOYLE, APPELLEE/CROSS-APPELLANT
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The court held that the trial court erred by failing to set forth specific findings regarding the number of hours reasonably expended and the reasonable hourly rate for attorney's fees.
In a dissolution action, the trial court awarded attorney's fees to the husband. The wife appealed, arguing the court failed to make specific findings…
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HALL, Judge.
In this dissolution action, the trial court awarded attorney’s fees to the appellee, husband. Appellant contends that the trial court erred when it failed to set forth its finding as to the number of hours reasonably expended on the litigation by appel-lee’s counsel and as to what a reasonable hourly rate would be for this type of litigation. We agree.
Our supreme court in Florida Patient’s Compensation Fund v. Rowe, 472 So. 2d 1145 (Fla.1985), not only set forth the criteria that must be used by a trial court in determining the proper amount of attorney’s fees, but also mandated that the trial judge set forth specific findings as to the hourly rate, the number of hours reasonably expended, and the appropriateness of the reduction or enhancement factors.
Although we find that the record contains sufficient, competent evidence upon which the trial judge could have based its award according to the criteria as set forth in Rowe, neither the record nor the order sets forth any specific findings as required by Rowe. We find no merit to the other points raised on appeal but must reverse and remand for a new hearing on attorney’s fees, wherein the trial judge must set forth his findings as required by Rowe.
GRIMES, A.C.J., and SCHOONOVER, J., concur.
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Citator
Cited By (24 total)
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Maas v. Maas, 541 So. 2d 160 (Fla. 2d DCA 1989)…etc. and awarded the wife an even $10,000. Thus, the final judgment is facially invalid since it fails to set forth specific findings regarding the amount of fees awarded. See, Shields v. Shields, 502 So. 2d 1349 (Fla. 2d DCA 1987); Boyle v. Boyle, 485 So. 2d 879 (Fla. 2d DCA 1986). We note in passing that during the hearing there was testimony from the ex-wife’s attorney that: (1) he has not attempted nor would he attempt to collect any fee from his client; (2) he told his client he would accept whatever…
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Stabinski, Funt & DE Oliveira, P.A. v. LAW Offs. OF Frank H. Alvarez, 490 So. 2d 159 (Fla. 3d DCA 1986)…contends only2 that the cause must be remanded for the trial judge to “set forth specific findings” to support its fee award as allegedly required by Florida Patient's Compensation Fund v. Rowe, 472 So. 2d 1145, 1151 (Fla.1985).3 See Boyle v. Boyle, 485 So. 2d 879 (Fla.2d DCA 1986) (fee award under § 61.16 in domestic case remanded for Rowe findings); see also Lyons v. Lyons, 486 So. 2d 77 (Fla.2d DCA 1986) (domestic case indicating that Rowe findings required). We reject this contention upon the holding tha…
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Manuel v. Manuel, 498 So. 2d 1369 (Fla. 1st DCA 1986)…2d 1145 (Fla.1985). We therefore reverse the court’s order as to attorney’s fees and remand with instructions that the court conduct a new hearing on attorney’s fees and enter an order setting forth the findings required in Rowe. See Boyle v. Boyle, 485 So. 2d 879 (Fla.2d DCA 1986). Third, appellant argues that the trial court erred in awarding appellee one half of appellant’s stock in Seminole Enterprises, Inc. (which was titled in husband’s sole name), since there is no evidence that ap-pellee contributed…
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- Fla. Patient's Comp. Fund v. Rowe, 472 So. 2d 1145 (Fla. 1985)