JOSE V. SILVA AND ALMA E. SILVA, APPELLANTS,
v.
SERAFÍN HERNANDEZ, APPELLEE
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The court affirmed summary judgment for the appellee but reversed the attorney's fee award because expert testimony regarding reasonable fees was required but absent from the record.
An award of attorney's fees cannot be supported by testimony from only the attorney seeking the fees; expert testimony concerning reasonable attorney's fees is necessary.
[1] Expert testimony concerning reasonable attorney's fees is necessary to support an award of fees; testimony from only the attorney seeking the fees is insufficient.
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Join FLexlaw to unlock all legal intelligence“[I]t is well settled that the testimony of an expert witness concerning a reasonable attorney's fee is necessary to support the establishment of the fee.”
Court citing Crittenden Orange Blossom Fruit v. Stone regarding the evidentiary requirement for attorney's fee awards.
Appellants Silva sought to challenge a summary final judgment in favor of appellee Hernandez and also challenged an award of attorney's fees.…
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PER CURIAM.
We affirm the summary final judgment in favor of appellee. The trial court properly disregarded appellants’ untimely affidavit. Hartford Accident & Indem. Co. v. Gillette, 519 So. 2d 1059 (Fla. 1st DCA 1988); Auerbach v. Alto, 281 So. 2d 567 (Fla. 3d DCA 1973); cert. denied, 297 So. 2d 31 (Fla.1974); Hardcastle v. Mobley, 143 So. 2d 715 (Fla. 3d DCA 1962); contra Burton v. GOV Contracting Corp., 552 So. 2d 293 (Fla. 2d DCA 1989).
We reverse the award of attorney’s fees, however. “[I]t is well settled that the testimony of an expert witness concerning a reasonable attorney’s fee is necessary to support the establishment of the fee.” Crittenden Orange Blossom Fruit v. Stone, 514 So. 2d 351 (Fla.1987); see Hemmerle v. First Fed. Sav. & Loan Ass’n, 338 So. 2d 82 (Fla. 2d DCA 1976). Here, the record contains no testimony other than that of the attorney seeking the fees. An award of fees on that record is error. Palmetto Fed. Sav. & Loan Ass’n v. Day, 512 So. 2d 332 (Fla. 3d DCA 1987); Walker v. Kremer, 382 So. 2d 338 (Fla. 4th DCA 1980); Geraci v. Kozloski, 377 So. 2d 811 (Fla. 4th DCA 1979); Mullane v. Lorenz, 372 So. 2d 168 (Fla. 4th DCA 1979). The cause is remanded for the trial court to conduct a hearing on the attorney’s fee issue.
Affirmed in part; reversed in part.
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Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited (12 total)
- Crittenden Orange Blossom Fruit v. Stone, 514 So. 2d 351 (Fla. 1987)
- Hardcastle v. Mobley, 143 So. 2d 715 (Fla. 3d DCA 1962)
- Geraci v. Kozloski, 377 So. 2d 811 (Fla. 4th DCA 1979)
- Mullane v. Twylah M. Lorenz, 372 So. 2d 168 (Fla. 4th DCA 1979)
- Lily Auerbach & Consol. Am. Ins. Co. v. Alto, 281 So. 2d 567 (Fla. 3d DCA 1973)
- Hartford Accident & Indem. Co. v. Gillette, 519 So. 2d 1059 (Fla. 1st DCA 1988)
- Burton v. GOV Contracting Corp., 552 So. 2d 293 (Fla. 2d DCA 1989)
- Williams v. Zungi Builders, Inc., 512 So. 2d 332 (Fla. 3d DCA 1987)
- Lily Auerbach v. James R. Alto et ux., 297 So. 2d 31 (Fla. 1974)
- Ballman v. State, 297 So. 2d 31 (Fla. 1974)