TUTOR TIME MERGER CORP. F/K/A TUTOR TIME CHILD CARE SYSTEMS, INC. AND LIFECARE ACQUISITIONS CORP., APPELLANTS,
v.
KEVIN MECABE, MERYL CARLIN MECABE, AND CHILDREN'S FIRST LEARNING CENTER, INC., APPELLEES
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The court held that an award of attorney's fees as a discovery sanction must be supported by competent substantial evidence, including findings on reasonable hours and rates, which was lacking here.
[1] An award of attorney's fees must be supported by competent substantial evidence, including express findings regarding the number of hours reasonably expended and a reason…
[2] An award of attorney's fees must be supported by expert evidence, including the testimony of the attorney who performed the services.
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Join FLexlaw to unlock all legal intelligenceAppellants were sanctioned with attorney's fees for discovery violations. The trial court awarded $2000 but stated the amount was chosen "out of the a…
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PER CURIAM.
We reverse the trial court’s order awarding attorney’s fees as a sanction against appellants for discovery violations. Although we find no abuse of discretion in the trial court’s decision to impose sanctions pursuant to Florida Rule of Civil Procedure 1.380(b)(2), we reverse the award of attorney’s fees because the record contains no competent substantial evidence to support the award.
An award of attorney’s fees must be supported by substantial competent evidence and contain express findings regarding the number of hours reasonably expended and a reasonable hourly rate for the type of litigation involved. Rodriguez v. Campbell, 720 So. 2d 266 (Fla. 4th DCA 1998); Kelly v. Tworoger, 705 So. 2d 670 (Fla. 4th DCA 1998); In re Estate of Lopez, 410 So. 2d 618 (Fla. 4th DCA 1982). Additionally, the award must be supported by expert evidence, including the testimony of the attorney who performed the services. Rodriguez, 720 So. 2d at 267 (citing Cohen v. Cohen, 400 So. 2d 463 (Fla. 4th DCA 1981)). The same principle applies whether the attorney’s fee award is post-judgment or a discovery sanction. Nordyne, Inc. v. Florida Mobile Home Supply, Inc., 625 So. 2d 1283, 1289 (Fla. 1st DCA 1993); Weiss v. Rachlin and Cohen, 745 So. 2d 527 (Fla. 3d DCA 1999).
Generally, when the record on appeal is devoid of competent substantial evidence to support the attorney’s fee award, the appellate court will reverse the award without remand for additional evidentiary findings. Rodriguez, 720 So. 2d at 268 (citing Warner v. Warner, 692 So. 2d 266, 268 (Fla. 5th DCA 1997); Cooper v. Cooper, 406 So. 2d 1223 (Fla. 4th DCA 1981)). Here, the record contains no evidence whatsoever regarding the number of hours reasonably expended as a result of the discovery violations or a reasonable hourly rate; it contains only the trial judge’s response, when he was questioned about how he arrived at the $2000 fee amount, that he chose it “out of the air.” We therefore reverse the fee award without remand.
REVERSED.
DELL, SHAHOOD and TAYLOR, JJ., concur.
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Citator
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Diwakar v. Montecito Palm Beach Condo. Ass'n, Inc., 143 So. 3d 958 (Fla. 4th DCA 2014)…asonably expended and a reasonable hourly rate for the type of litigation involved. Additionally, the award must be supported by expert evidence, including the testimony of the attorney who performed the services. Tutor Time Merger Corp. v. MeCabe, 763 So. 2d 505, 506 (Fla. 4th DCA 2000) (citations omitted). “Competent evidence includes invoices, records and other information detailing the services provided as well as the testimony from the attorney in support of the fee.” Brewer v. Solovsky, 945 So. 2d 610,…
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Orit Simhoni v. Chambliss, 843 So. 2d 1036 (Fla. 4th DCA 2003)…idence and contain express findings regarding the number of hours reasonably expended and a reasonable hourly rate for the type of litigation involved. See Zucker v. Zucker, 774 So. 2d 890, 893 (Fla. 4th DCA 2001); Tutor Time Merger Corp. v. MeCabe, 763 So. 2d 505, 506 (Fla. 4th DCA 2000); Rodriguez v. Campbell, 720 So. 2d 266, 267 (Fla. 4th DCA 1998); Guardianship of Halpert v. Rosenbloom, 698 So. 2d 938, 939 (Fla. 4th DCA 1997). The trial court did not state on the record the number of hours and the rate it…
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Talbott v. Am. Isuzu Motors, Inc., 934 So. 2d 643 (Fla. 2d DCA 2006)…s fees must be supported by substantial competent evidence and contain express findings regarding the number of hours reasonably expended and a reasonable hourly rate for the type of litigation involved.”) (quoting Tutor Time Merger Corp. v. MeCabe, 763 So. 2d 505, 506 (Fla. 4th DCA 2000)). In sum, we affirm this case because the trial court did not err in granting attorney’s fees to Isuzu under Florida’s offer of judgment statute. Florida’s offer of judgment statute, section 768.79, is not preempted by fede…
Previewing 3 of 25 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Warner v. Warner, 692 So. 2d 266 (Fla. 5th DCA 1997)
- Nordyne, Inc. v. Fla. Mobile Home Supply, Inc., 625 So. 2d 1283 (Fla. 1st DCA 1993)
- Jules J. Cohen v. Rosalyn L. Cohen, 400 So. 2d 463 (Fla. 4th DCA 1981)
- Rodriguez v. David Campbell, M.D., 720 So. 2d 266 (Fla. 4th DCA 1998)
- Cooper v. Cooper, 406 So. 2d 1223 (Fla. 4th DCA 1981)
- Ines Collia Kelly v. Tworoger, 705 So. 2d 670 (Fla. 4th DCA 1998)
- In re The Est. OF Miguel Lopez, 410 So. 2d 618 (Fla. 4th DCA 1982)
- Morgan v. State, 745 So. 2d 527 (Fla. 3d DCA 1999)
- Williams v. State, 745 So. 2d 527 (Fla. 1st DCA 1999)