VICTOR R. FERNANDEZ, APPELLANT,
v.
F. ELGIN BAYLESS, III, APPELLEE
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SCHEB, Acting Chief Judge.
The appellant, Victor R. Fernandez, raises three points on appeal. After hearing oral argument and reviewing the briefs and record, we find merit only in the last issue raised. The appellant contends that the trial court erred when it awarded attorney fees without making specific findings as required by Florida Patient’s Compensation Fund v. Rowe, 472 So. 2d 1145 (Fla.1985). The record supports the trial court’s award. Moreover, it appears from the record that the trial judge considered the factors required in the fixing of a reasonable attorney fee. However, the trial judge failed to include in the judgment specific findings as to hourly rate and the number of hours reasonably expended as required by Rowe.
We affirm the final judgment, but remand for the entry of an amended order containing the findings required by Rowe. See Woodruff & Sons, Inc. v. Pary, Inc., 543 So. 2d 467 (Fla. 2d DCA 1989).
HALL and ALTENBERND, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Marcellus M. Mason, Jr. v. Highlands Cnty. Bd. OF Cnty. Comm'rs, 817 So. 2d 922 (Fla. 2d DCA 2002)…peal, we also note that the order awarding fees is deficient because the trial court failed to make the necessary findings regarding the number of hours and the hourly rate which were employed in calculating the fee amount. See Fernandez v. Bayless, 558 So. 2d 1052, 1052 (Fla. 2d DCA 1990).…
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Kincart v. Kincart, 572 So. 2d 530 (Fla. 2d DCA 1990)…wever, to include in the judgment specific findings as to hourly rate and the number of hours reasonably expended as required by Rowe. On remand, such findings must be made in order to substantiate any award of attorney’s fees. Fernandez v. Bayless, 558 So. 2d 1052 (Fla.2d DCA 1990). We remand for reconsideration of the court’s equitable distributions, rehabilitative alimony, and attorney’s fees in accordance with this opinion; otherwise, the judgment of dissolution is affirmed. SCHOONOVER, C.J., and THREADG…
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United Liquors Corp. v. Jacquin-Florida Distilling Co., 584 So. 2d 571 (Fla. 2d DCA 1991)…oints out that the trial court erred by failing to make specific findings as to hourly rate and the number of hours reasonably expended as required by Florida Patient’s Compensation Fund v. Rowe, 472 So. 2d 1145 (Fla.1985). See Fernandez v. Bayless, 558 So. 2d 1052 (Fla. 2d DCA 1990). We affirm the final judgment. We vacate the award of attorney’s fees in the Order Taxing Attorney’s Fees and Costs and remand for entry of an amended order containing the findings required by Rowe. RYDER and DANAHY, JJ., concur…
Authorities Cited
- Fla. Patient's Comp. Fund v. Rowe, 472 So. 2d 1145 (Fla. 1985)
- Woodruff & Sons, Inc. v. Pary, Inc., 543 So. 2d 467 (Fla. 2d DCA 1989)