T.G.G., FATHER OF J.L.G., A CHILD, APPELLANT,
v.
P.M.L., N/K/A P.M.S., MOTHER OF J.L.G., A CHILD, APPELLEE
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ERVIN, Judge.
Appellant, T.G.G., appeals a judgment of attorney’s fees and costs entered in his custody dispute with appellee, P.M.L. We reverse, because the trial court failed to make a specific finding, which is mandatory, regarding the number of hours appellee’s counsel reasonably expended in this case. Florida Patient’s Compensation Fund v. Rowe, 472 So. 2d 1145 (Fla.1985); Loper v. Allstate Ins. Co., 616 So. 2d 1055 (Fla. 1st DCA 1993); Jones v. Associates Fin., Inc., 565 So. 2d 394 (Fla. 1st DCA 1990). Even when there is competent, substantial evidence in the record to support a court’s award of attorney’s fees, the case must be reversed for further proceedings if the court failed to set forth the specific findings required by Rowe. Park Lane Condominium Ass’n v. DePadua, 558 So. 2d 85 (Fla. 1st DCA 1990); Hoffay v. Hoffay, 555 So. 2d 1309 (Fla. 1st DCA 1990); Manuel v. Manuel, 498 So. 2d 1369 (Fla. 1st DCA 1986).
Because we are reversing on appellant’s first issue, we do not reach his second.
REVERSED and REMANDED.
MICKLE and LAWRENCE, JJ., concur.
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Citator
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Wanda and Eric Teat v. City OF Apalachicola, 880 So. 2d 819 (Fla. 1st DCA 2004)…WOLF, C.J., specially concurring with opinion. In T.G.G. v. P.M.L., 661 So. 2d 351 (Fla. 1st DCA 1995), we held that reversal of an order awarding attorney’s fees is required when the court fails to make specific findings regarding the hours reasonably expended “[ejven when there is competent substantial evidence in the record to…1 / 2
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Hysmith v. Hysmith-Graham, 948 So. 2d 974 (Fla. 1st DCA 2007)…rs reasonably expended, and the appropriateness of reduction or enhancement factors. See Fla. Patient’s Comp. Fund v. Rowe, 472 So. 2d 1145 (Fla.1985). Accord Messana v. Seaside Cmty. Dev. Corp., 908 So. 2d 551 (Fla. 1st DCA 2005); T.G.G. v. P.M.L., 661 So. 2d 351 (Fla. 1st DCA 1995); Jones v. Assocs. Fin. Inc., 565 So. 2d 394 (Fla. 1st DCA 1990). The order under review is accordingly REVERSED and this case is REMANDED. ALLEN, PADOVANO, and LEWIS, JJ., concur.…
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Platt v. Cape Marine Servs., Inc., 422 So. 3d 654 (Fla. 5th DCA 2025)
Previewing 3 of 4 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)
- Manuel v. Manuel, 498 So. 2d 1369 (Fla. 1st DCA 1986)
- Hoffay v. Hoffay, 555 So. 2d 1309 (Fla. 1st DCA 1990)
- Loper v. Allstate Ins. Co., 616 So. 2d 1055 (Fla. 1st DCA 1993)
- Jones v. Assocs. Fin. Inc., 565 So. 2d 394 (Fla. 1st DCA 1990)
- Park Lane Condo. Ass'n, Inc. v. Corazon DePADUA, 558 So. 2d 85 (Fla. 1st DCA 1990)