CHRISTOPHER A. SULLIVAN, APPELLANT,
v.
RANSOM L. SULLIVAN, APPELLEE
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The court held that an award of attorney's fees requires proof of services rendered and reasonableness, which was lacking in this case.
The former husband appealed the final judgment of dissolution of marriage, specifically challenging the award of attorney's fees to the former wife. T…
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THOMPSON, Judge.
Christopher A. Sullivan, the former husband, appeals the final judgment of dissolution of marriage. We affirm the final judgment in all respects except that we reverse the part awarding the former wife attorney’s fees.
The former husband is correct that there was no testimony that the former wife paid her attorney any money or that she owed him any money. In addition, the order contains no findings regarding the time expended, the hourly rate, or the reasonableness of the fees.
In the absence of a stipulation fixing the dollar amount [of attorney’s fees], the burden is on the moving party to show by appropriate proof, through testimony, depositions, affidavits or otherwise, the services and benefits which he has rendered and to which he is reasonably entitled.... “The very nature of these allowances, constituting, as they do, enforceable costs in a court of justice, command and should receive the closest scrutiny of the comets and should never be awarded in a perfunctory proceeding.” Lewis v. Gramil Corp. (Fla.1957), 94 So. 2d 174.
Sierra v. Sierra, 505 So. 2d 432, 434 (Fla.1987) (quoting Lee Eng’g & Const. Co. v. Fellows, 209 So. 2d 454, 457 (Fla.1968)). In the instant ease, because there was no evidence to support it, the portion of the judgment awarding the former wife attorney’s fees is reversed. We remand for a hearing on the amount and reasonableness of the fees incurred by the former wife. See Steele v. Steele, 617 So. 2d 736 (Fla. 2d DCA), rev. denied, 626 So. 2d 208 (Fla.1993); Markham v. Markham, 485 So. 2d 1299 (Fla. 5th DCA 1986).
JUDGMENT AFFIRMED; REVERSED and REMANDED for attorney’s fees hearing.
HARRIS and ANTOON, JJ., concur.
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Citator
Cited By
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Mangel v. BOB Dance Dodge, Inc., 739 So. 2d 720 (Fla. 5th DCA 1999)…tes that at least some of the time was [*724] spent litigating the amount of his costs, for which he is entitled to fees. However, Mangel had the burden of showing the amount of fees and/or costs he was entitled to recover. See Sullivan v. Sullivan, 677 So. 2d 986 (Fla. 5th DCA 1996); Gray v. Bradbury, 668 So. 2d 296 (Fla. 1st DCA 1996). By failing to separate or apportion the recoverable fees from the nonrecoverable fees, he failed in his burden. Mangel also argues that he has an interest in passing his fee…
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McCANTS v. McCANTS, 984 So. 2d 678 (Fla. 2d DCA 2008)…need and the Husband has the ability to pay for attorney’s fees, the trial court shall conduct a hearing to determine the amount and reasonableness of the fee award. See Steele v. Steele, 617 So. 2d 736, 738 (Fla. 2d DCA 1993); Sullivan v. Sullivan, 677 So. 2d 986, 987 (Fla. 5th DCA 1996). Conclusion Accordingly, we affirm the dissolution of marriage and the grant of shared parental responsibility of the remaining minor child, Jaron, with the Wife designated as primary residential parent and the Husband des…
Authorities Cited
- Gray v. Attorney Gen., State of Fla. and/or State Attorney, Cir. Court, Volusia Cnty., Fla., 209 So. 2d 454 (Fla. 1968)
- Lewis v. Gramil Corp., 94 So. 2d 174 (Fla. 1957)
- Sierra v. Sierra, 505 So. 2d 432 (Fla. 1987)
- Markham v. Markham, 485 So. 2d 1299 (Fla. 5th DCA 1986)
- Steele v. Steele, 617 So. 2d 736 (Fla. 2d DCA 1993)