MAHMOUD ASHOURIAN, A/K/A MIKE ASH, APPELLANT,
v.
ROBIN ASHOURIAN, A/K/A ROBIN ASH, APPELLEE
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[*36] SHIVERS, Judge.
Appellant Mahmoud Ashourian appeals from a final judgment of dissolution of marriage, as modified on motion for rehearing. We find that the issues which the husband raises concerning costs, attorneys fees, and expert witness fees, have merit and reverse.
The record reveals that the trial court entered an order to tax costs without an evidentiary hearing. This was error. See Dean Witter & Co. v. Polisar, 443 So. 2d 311 (Fla. 4th DCA 1984); H. Trawick, Trawick’s Florida Practice and Procedure, § 2512 (1985). It was also error for the trial court to award the wife attorneys fees absent expert testimony as to the reasonable value of services performed. Cott-man v. Cottman, 418 So. 2d 1241 (Fla. 4th DCA 1982). Finally, we find that the trial court should have permitted the husband an opportunity to object to the wife’s request for the husband to pay her expert witness, an accountant, expert witness fees. Both the husband and wife should have an opportunity to fully explore these issues. Accordingly, the trial court is instructed to hold a hearing for the purpose of adjudicating the questions of costs, attorneys fees, and expert witness fees.
REVERSED and REMANDED.
SMITH, C.J., and MILLS, J., concur.
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Mettler v. Mettler, 569 So. 2d 496 (Fla. 4th DCA 1990)…gment, non-appellate attorney ad li-tem fee award because insufficient expert testimony was presented to justify the reasonable value of those services. Florida Patient’s Compensation Fund v. Rowe, 472 So. 2d 1145 (Fla.1985); Ashourian v. Ashourian, 519 So. 2d 35 (Fla. 1st DCA 1987); Cottman v. Cottman, 418 So. 2d 1241 (Fla. 4th DCA 1982). We therefore reverse and remand as to this point. AFFIRMED IN PART; REVERSED IN PART AND REMANDED. STONE and WARNER, JJ., concur.…
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Eckroade v. Eckroade, 570 So. 2d 1347 (Fla. 3d DCA 1990)…t DCA 1986). In his cross-appeal, the husband argues that the trial court erred in awarding the wife attorney’s fees without hearing testimony. Agreeing that the award of attorney's fees based solely on affidavits was error, Ashourian v. Ashourian, 519 So. 2d 35 (Fla. 1st DCA 1987), we reverse the attorney’s fees award and remand for a hearing on that issue. We offer as guidance to the trial court for consideration on remand the following principles: The final judgment must be supported by competent and su…
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Fedeline Georges v. Dep't OF Health, 75 So. 3d 759 (Fla. 2d DCA 2011)…torney performing the services and by an expert as to the value of those services. See Saussy v. Saussy, 560 So. 2d 1385, 1386 (Fla. 2d DCA 1990); Seitlin & Co. v. Phoenix Ins. Co., 650 So. 2d 624, 626-627 (Fla. 3d DCA 1994); Ashourian v. Ashourian, 519 So. 2d 35, 36 (Fla. 1st DCA 1987); Cooper v. Cooper, 406 So. 2d 1223, 1224 (Fla. 4th DCA 1981). And because no attorney affidavits were presented, Georges was not provided with a meaningful opportunity to object to the imposition of at least that portion of t…
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- Cottman v. Cottman, 418 So. 2d 1241 (Fla. 4th DCA 1982)
- Dean Witter & Co., Inc. v. Polisar, 443 So. 2d 311 (Fla. 4th DCA 1983)