PAUL SYDNE MONSON, APPELLANT/CROSS-APPELLEE,
v.
LINDA MARIE MONSON, APPELLEE/CROSS-APPELLANT

Fla. 1st DCA | 1998-06-01
No. 97-3757
MINER, ALLEN and KAHN, JJ., concur.
712 So. 2d 770 Florida District Court of Appeal, First District (1998) Caution
Cited by 2 cases


Opinion of the Court
PER CURIAM.

PER CURIAM.

On a petition for modification, the trial court increased Mrs. Monson’s permanent alimony. We find no abuse of discretion in the alimony award. Bedell v. Bedell, 583 So. 2d 1005 (Fla.1991). The trial court did, however, commit an error in the award of attorney’s fees to the former wife. On the fee affidavit submitted by the former wife’s attorney prior to the final hearing, the attorney estimated an additional 25 hours for trial preparation, final hearing, and post final hearing matters. The former husband objected to this amount because it did not represent actual time. The record before us substantiates six hours of time actually spent in the final hearing. However, the record does not substantiate any additional time included in the attorney’s fee award. Accordingly, we reverse the amount of fees, and remand for a new attorney’s fee award.

AFFIRMED in part; REVERSED in part and REMANDED.

MINER, ALLEN and KAHN, JJ., concur.


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Cited By

  • Lindsey v. Cadence Bank, 135 So. 3d 1164 (Fla. 1st DCA 2014)
    …ese affidavits provide the requisite evidentiary support for the fee award in this case in all respects, except one: the award of fees for the “estimated time to complete” certain tasks. This court addressed a similar situation in Monson v. Monson, 712 So. 2d 770 (Fla. 1st DCA 1998). The attorney’s fee award in that case was based on an affidavit submitted before the final hearing that included an estimate of the time that would be required for hearing preparation, the final hearing, and post hearing matters…

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