MICHAEL YAKUBIK, APPELLANT,
v.
BOARD OF COUNTY COMMISSIONERS OF LEE COUNTY, RAYMOND JUDAH, JOHN ALBION, FRANKLIN MANN, JOHN MANNING, DOUGLAS ST. CERNY, JAMES YAEGER, ROBERT GRAY, JOHN RENNER, THOMAS SPENCER, JOHN TURNER, AND THOMAS WRIGHT, APPELLEES
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The trial court erred in awarding attorney's fees based solely on the billing attorney's affidavit without expert testimony on reasonableness, requiring reversal and remand.
Expert witness testimony is necessary to establish the amount of reasonable attorney's fees; an award based solely on the billing attorney's testimony is reversible error.
[1] Expert witness testimony on the reasonableness of attorney's fees is required to support an award of fees; an award based solely on the billing attorney's testimony is re…
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Join FLexlaw to unlock all legal intelligence“The testimony of an expert witness concerning reasonable attorney's fees is necessary to support the establishment of the fees.”
Court stating the controlling legal standard for attorney's fee awards.
Michael Yakubik appealed a trial court judgment awarding attorney's fees to the Board of County Commissioners of Lee County and its members. The only …
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PARKER, Judge.
Michael Yakubik appeals the trial court’s judgment awarding attorney’s fees in favor of appellees. Yakubik argues that the trial court erred in establishing the amount of attorney’s fees based solely on the affidavit of the attorney who represented the appellees and without expert testimony on the amount. Yakubik further argues that the trial court erred in establishing the amount of the fees without first determining that appellees were entitled to the fees. We agree that the trial court erred in establishing the amount of the fees without expert testimony and reverse for that reason. We conclude, however, that Yakubik waived any argument on the issue of appellees’ entitlement to the fees.
The testimony of an expert witness concerning reasonable attorney’s fees is necessary to support the establishment of the fees. Crittenden Orange Blossom Fruit v. Stone, 514 So. 2d 351 (Fla.1987); Palmetto Fed. Sav. & Loan Ass’n v. Day, 512 So. 2d 332 (Pla. 3d DCA 1987). The only evidence offered to support the award of the attorney’s fee was the attorney who performed the services. The trial court erred in establishing the amount of attorney’s fees in this case based solely on the testimony of the attorney seeking the fees and without testimony from an expert witness on the reasonable amount of the fees. See Palmetto Fed. Sav. & Loan Ass’n.
Reversed and remanded.
DANAHY, A.C.J., and WHATLEY, J., concur.
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Sourcetrack, LLC v. Ariba, Inc., 34 So. 3d 766 (Fla. 2d DCA 2010)…. Harlan Bakeries, Inc., 932 So. 2d 411, 412 (Fla. 2d DCA 2006) (reversing attorney’s fee award because the defendant failed to present expert testimony as to the reasonableness of the amount of fees); Yakubik v. Bd. of County Comm’rs of Lee County, 656 So. 2d 591, 591 (Fla. 2d DCA 1995) (“The testimony of an expert witness concerning reasonable attorney’s fees is necessary to support the establishment of the fees.”). Especially in a case of this magnitude, it is important for a trial judge, who may be unfami…
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Snow v. Harlan Bakeries, Inc., 932 So. 2d 411 (Fla. 2d DCA 2006)…testify as to the amount of time he expended, but he must present some expert testimony as to what would be a reasonable hourly fee. Fitzgerald v. State, 756 So. 2d 110, 112 (Fla. 2d DCA 1999) (citing Yakubik v. Bd. of County Comm’rs of Lee County, 656 So. 2d 591, 591-92 (Fla. 2d DCA 1995)). Here, Harlan Bakeries’ trial and appellate attorneys offered sworn affidavits with attached invoices concerning the amount of time expended and the rate charged. In the affidavits, Harlan Bakeries’ attorneys asserted th…1 / 2
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Frank J. Pepper, Inc. v. Vining, 783 So. 2d 1160 (Fla. 3d DCA 2001)…nunciated in Poletz. Pepper’s next argument is based on the well-settled point that a fee award must be supported with expert testimony. See Brake v. Murphy, 736 So. 2d 745 (Fla. 3d DCA 1999); Yakubik v. Board of County Commissioners of Lee County, 656 So. 2d 591 (Fla. 2d DCA 1995). Pepper argues that without the expert’s testimony Vining cannot meet his evidentiary burden and accordingly, any fee award to Vining is improper. We recognize that expert testimony is necessary for a fee award. However, in the in…
Previewing 3 of 7 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Crittenden Orange Blossom Fruit v. Stone, 514 So. 2d 351 (Fla. 1987)
- Williams v. Zungi Builders, Inc., 512 So. 2d 332 (Fla. 3d DCA 1987)