ROGER R. MAAS, APPELLANT,
v.
JANE A. MAAS, APPELLEE
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The court held that a final judgment awarding attorney's fees is facially invalid if it fails to set forth specific findings regarding the amount awarded, particularly when the attorney's fee agreement is unclear.
Following a remand, the trial court awarded the ex-wife $10,000 in attorney's fees but crossed out the details regarding hours and rates. Evidence als…
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SCHEB, Judge.
In Maas v. Maas, 440 So. 2d 494 (Fla. 2d DCA 1983), we remanded this dissolution action to the trial court for further proceedings. The ex-husband now challenges a final judgment awarding $10,000 in attorney’s fees to his ex-wife on the ground that the trial judge failed to comply with Florida Patient’s Compensation Fund v. Rowe, 472 So. 2d 1145 (Fla.1985). We agree with the ex-husband’s claim.
Before signing the final judgment, the trial judge crossed out the section concerning the number of hours expended, hourly rate, 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 fee the court awarded; and (3) he believed the fees were uncollectible. We further note that an invoice, which was admitted into evidence, states that the ex-wife owed her attorney $486.70. There was also a notation on the invoice indicating that “[ajpproximately $33,000 is due in fees which are being charged off as a ‘loss item’ to our firm.” Thus, on remand, we direct the trial judge to include in the final judgment a finding concerning the ex-wife’s contractual liability to her attorney in order to establish a limit on the amount of fees which the ex-wife may recover. See Winterbotham v. Winterbotham, 500 So. 2d 723 (Fla. 2d DCA 1987).
Reversed and remanded for further proceedings in compliance with this opinion.
CAMPBELL, C.J., and HALL, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Cited By (16 total)
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Goldman v. State Farm Fire Gen. Ins. Co., 660 So. 2d 300 (Fla. 4th DCA 1995)…aterial breach which bars recovery. See Griffin v. Stonewall Ins. Co., 346 So. 2d 97 (Fla. 3d DCA 1977); DeFerrari v. Government Employees Ins. Co., 613 So. 2d 101 (Fla. 3d DCA), review denied, 620 So. 2d 760 (Fla.1993); Allstate Ins. Co. v. Graham, 541 So. 2d 160 (Fla. 2d DCA 1989); Tindall v. Allstate Ins. Co., 472 So. 2d 1291 (Fla. 2d DCA 1985), review denied, 484 So. 2d 10 (Fla.1986). The determinative issue in this case is whether the policy provision requiring the insured to submit to a sworn examinati…
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Haas v. Haas, 552 So. 2d 221 (Fla. 2d DCA 1989)…ps ironic that specific findings are always required concerning the attorneys’ award of fees. Fla. Patient’s Compensation Fund v. Rowe, 472 So. 2d 1145 (Fla.1985); Woodruff & Sons, Inc. v. Pary, Inc., 543 So. 2d 467 (Fla. 2d DCA 1989); Maas v. Maas, 541 So. 2d 160 (Fla. 2d DCA 1989). In this case, those findings were not made. On remand, [*225] the trial court should determine whether it is financially appropriate to require the husband to pay all or part of the wife’s attorney’s fees, both at trial and on ap…
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Simpson v. Simpson, 780 So. 2d 985 (Fla. 5th DCA 2001)…st DCA 1998); Warner v. Warner, 692 So. 2d 266 (Fla. 5th DCA 1997); see also Shrove v. Shrove, 724 So. 2d 679 (Fla. 4th DCA 1999); Rohlfs v. Rohlfs, 666 So. 2d 568 (Fla. 3d DCA 1996); Sunday v. Sunday, 610 So. 2d 62 (Fla. 3d DCA 1992); Maas v. Maas, 541 So. 2d 160 (Fla. 2d DCA 1989). The former wife argues that even if specific findings regarding hourly rate and time spent are not contained in the judgment, affirmance is appropriate because the record contains sufficient information to establish those factor…
Previewing 3 of 16 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities 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)
- Shields v. Lissi Shields, 502 So. 2d 1349 (Fla. 2d DCA 1987)
- Winterbotham v. Winterbotham, 500 So. 2d 723 (Fla. 2d DCA 1987)
- Maas v. Maas, 440 So. 2d 494 (Fla. 2d DCA 1983)