IN RE ONE 1972 VOLVO VEHICLE I.D. # 1426363290699 FLORIDA TAG # NUE 848

Fla. 4th DCA | 1986-06-18
No. 85-2254
WALDEN, GUNTHER and STONE, JJ., concur.
489 So. 2d 1240 Florida District Court of Appeal, Fourth District (1986) Positive Treatment
Cited by 3 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

We reverse the award of attorney’s fees because the attorney who performed the services did not personally testify to support the award. Mercy Hospital, Inc. v. Johnson, 431 So. 2d 687 (Fla. 3d DCA 1983) and Cohen v. Cohen, 400 So. 2d 463 (Fla. 4th DCA 1981). We reverse and remand for a new trial limited to the issue of attorney’s fees.

REVERSED AND REMANDED.

WALDEN, GUNTHER and STONE, JJ., concur.


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Cited By

  • Rodriguez v. David Campbell, M.D., 720 So. 2d 266 (Fla. 4th DCA 1998)
    …sary. E.g., Mettler v. Mettler, 569 So. 2d 496 (Fla. 4th DCA 1990) (reversing amount of post-judgment, non-appellate attorney ad litem fee award based on insufficient expert testimony and remanding “as to this point”); In re: One 1972 Volvo Vehicle, 489 So. 2d 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…
  • Sarosh S. Dhondy v. Schimpeler, 528 So. 2d 484 (Fla. 3d DCA 1988)
    …andard established by American Indem. and Posner. The trial court erred in assessing Pistorino’s fee based wholly on Pistorino’s conclusory affidavit and Warshaw’s testimony. 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 testi…
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