THOMAS W. MOORE, JR., APPELLANT,
v.
BARBARA J. MOORE, APPELLEE
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The court held that while evidence supported the award of trial counsel's fees, the award for expert counsel's fees was improper due to the lack of specific findings required by *Rowe*.
In a dissolution action, the husband appealed the trial court's award of attorneys' fees to the wife for both her trial counsel and an expert witness …
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SANDERLIN, Judge.
In this dissolution action, the trial court awarded the wife attorneys’ fees for both her trial counsel and an expert counsel who rendered an opinion on the tax consequences of the property settlement. On appeal, the husband contends these awards were excessive and an abuse of discretion.
The record contains competent substantial evidence to support both awards of attorneys’ fees. Further, the use of an expert counsel was appropriate in this case. Although the trial court made specific findings on the award of trial counsel’s fees with respect to the hourly rate, the number of hours reasonably spent, and the appropriateness of the reduction or enhancement factors, as required by Florida Patient’s Compensation Fund v. Rowe, 472 So. 2d 1145 (Fla.1985), it failed to do so for the expert’s fees.
Accordingly, we reverse the award of the expert counsel's fees and remand for a new hearing on this issue, wherein the trial court must set forth its findings as required by Rowe. See Boyle v. Boyle, 485 So. 2d 879 (Fla. 2d DCA 1986).
CAMPBELL, A.C.J., and SCHOON-OVER, J., concur.
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Winterbotham v. Winterbotham, 500 So. 2d 723 (Fla. 2d DCA 1987)…monstrated, Rowe should apply and “the court-awarded fee” should not “exceed the fee agreement reached by the attorney and his client.” Rowe at 1151. This court has previously held that Rowe is applicable to domestic relations cases. Moore v. Moore, 491 So. 2d 1214 (Fla. 2d DCA 1986); Lyons v. Lyons, 486 So. 2d 77 (Fla. 2d DCA 1986); Boyle v. Boyle, 485 So. 2d 879 (Fla. 2d DCA 1986). [*725] Admittedly, the holding in Rowe, establishing that “in no case should the court-awarded fee exceed the fee agreement reac…
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Thurner v. Cheri J. Thurner, 584 So. 2d 150 (Fla. 2d DCA 1991)…). [*152] Although not raised on appeal, we note that the court failed to make the specific findings required by Florida Patient’s Compensation Fund v. Rowe, 472 So. 2d 1145 (Fla.1985). Rowe is applicable to domestic relations cases. Moore v. Moore, 491 So. 2d 1214 (Fla. 2d DCA 1986). Wife presented an expert witness who testified as to the reasonableness of the hourly rate and the customary fee in the locality, the number of hours reasonably expended, the complications of the instant lawsuit and other related…
Authorities Cited
- Fla. Patient's Comp. Fund v. Rowe, 472 So. 2d 1145 (Fla. 1985)
- Boyle v. Boyle, 485 So. 2d 879 (Fla. 2d DCA 1986)