WILLIAM BATEMAN & ESTATE OF STEVEN J. SLAUGHTER, APPELLANTS,
v.
SERVICE INSURANCE COMPANY, APPELLEE

Fla. 3d DCA | 2003-02-12
No. 3D02-1924
Before LEVY, GREEN, and RAMIREZ, JJ.
836 So. 2d 1109 Florida District Court of Appeal, Third District (2003) Positive Treatment
Cited by 14 cases

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Holding

The trial court abused its discretion by disbursing attorney's fees without first conducting an evidentiary hearing to determine reasonableness and necessity.


Headnotes

[1] A trial court abuses its discretion by awarding attorney's fees without first conducting an evidentiary hearing to determine the reasonableness and necessity of the fees…

[2] An objection to the determination of attorney's fees without an evidentiary hearing is preserved for appeal if filed prior to the trial court's order granting the fees.

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Facts & Procedural History

Following a dispute over fire insurance proceeds, Service Insurance Company sought attorney's fees. The trial court initially ordered an evidentiary h…

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Opinion of the Court
LEVY, Judge.

LEVY, Judge.

The Estate of Stephen J. Slaughter appeals from a trial court Order granting Service Insurance Company’s Motion to Disburse Attorney’s Fees. We reverse.

The instant case arises out of a disagreement between William Bateman and the Estate of Stephen J. Slaughter involving who should receive the proceeds of fire insurance benefits on a policy issued by Service Insurance Company. On February 14, 2001, the parties entered into a Stipulation Dismissing Interpleader Plaintiff and Awarding Interpleader Plaintiff Attorney’s Fees Payable out of Interpled Funds. According to the Stipulation, Service Insurance was dismissed from the case and required to tender the interpled funds into the court registry. The Stipulation also noted that Service Insurance would be awarded attorney’s fees, from the interpled funds, incurred to date of the Stipulation. The trial court entered an order granting the Stipulation on February 26, 2001.

On April 2, 2001, Service Insurance filed a Motion to Disburse Attorney’s Fees, which stated that the amount of attorney’s fees due to Service was $15,445.32 and attached a certification of counsel.

On April 5, 2001, Bateman, who is not a party to this appeal, filed a Motion in Opposition to Plaintiffs Motion to Disburse Attorney’s Fees, contending that the amount of fees requested by Service was “exorbitant and entirely unreasonable,” and that no documentation was provided to justify the expenses.

On April 25, 2001, Service attached itemized bills for the legal expenses to a Motion for an Emergency Hearing or in the Alternative Plaintiffs Motion Requesting that the Interpled Funds Not be Disbursed.

On May 8, 2001, the trial court granted the April 25, 2001 Motion, ordering (1) that Bateman and Slaughter’s Estate were entitled to an evidentiary hearing on the matter of attorney’s fees, and (2) that none of the interpled funds could be disbursed until further order of the court.

On June 6, 2002, following the trial to adjudicate the dispute between Bateman and Slaughter’s estate, the trial court conducted a non-evidentiary hearing on Service Insurance’s Motion to Disburse Attorney’s Fees. On June 10, 2002, Slaughter’s Estate filed an Opposition to Proposed Order, contending that it objected to the determination of the amount of the attorney’s fees without an evidentiary hearing. On June 12, 2002, the trial court entered an order granting Service Insurance’s Motion to Disburse Attorney’s Fees and awarded $13,056.50 to Service Insurance. This appeal follows.

As a preliminary matter, despite the fact that there is no transcript of the June 6, 2002 hearing, it is undisputed that Slaughter’s Estate filed its Opposition to Proposed Order prior to the trial court’s entry of its June 12, 2002 Order which granted Service Insurance’s Motion to Disburse Attorney’s Fees. Thus, Slaughter’s Estate’s objection was preserved for appeal.

We conclude that the trial court abused its discretion in disbursing attorney’s fees to Service Insurance without first conducting an evidentiary hearing. The standard of review for an award of attorney’s fees is abuse of discretion. See Black v. Bedford at Lake Catherine Homeowners Ass’n, Inc., 801 So. 2d 252, 253 (Fla. 4th DCA 2001) (citations omitted). Prior to awarding attorney’s fees for services already rendered and for costs already incurred, a trial court must hold an evidentiary hearing to determine the reasonableness and necessity of the fees and costs awarded. See Martin v. Martin, 561 So. 2d 1266 (Fla. 3d DCA 1990).

Moreover, when the record contains some competent substantial evidence supporting the fee order, but fails to include evidentiary support such as testimony from the attorney performing the services, the appellate court will reverse and remand for additional findings or an additional hearing. See Rodriguez v. Campbell, 720 So. 2d 266, 268 (Fla. 4th DCA 1998). Given that the trial court failed to conduct an evidentiary hearing, especially after entering an order which stated that the parties were entitled to said hearing, the Record clearly lacks evidentiary support for the fees disbursed by the trial court.

Moreover, contrary to the trial court’s June 12, 2002 order, the Parties’ Stipulation and the Order Granting Parties’ Stipulation do not state that Service Insurance is entitled to an amount of attorney’s fees without any requirement to prove the propriety of the amounts claimed.

Accordingly, we reverse and remand to the trial court for an evidentiary hearing on the issue of attorney’s fees.

Reversed and remanded.


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Cited By (11 total)

  • Morton v. Heathcock, 913 So. 2d 662 (Fla. 3d DCA 2005)
    …, 720 So. 2d 266, 268 (Fla. 4th DCA 1998) (reversing and remanding for an additional hearing where expert but no timekeeper testimony had been introduced in the form of either direct testimony or via affidavit); see also Bateman v. Service Ins. Co., 836 So. 2d 1109, 1111 (Fla. 3d DCA 2003) (citing Rodriguez and confirming that remand is appropriate for additional findings or an additional hearing where the record contains some evidence supporting a fee award but contains no evidence from the attorney who rende…
  • RV-7 Prop., Inc. v. Stefani DE LA O, Inc., 187 So. 3d 915 (Fla. 3d DCA 2016)
    …judgment order de novo. See Volusia County v. Aberdeen at Ormond Beach, L.P., 760 So. 2d 126 (Fla.2000). And, determinations on whether there exists a legal basis entitling a party to attorney’s fees are reviewed de novo. Bateman v. Serv. Ins. Co., 836 So. 2d 1109 (Fla. 3d DCA 2003). III. Analysis Motion for Leave to Amend First, the trial court erred when it denied RV-7’s motion for leave to amend. Amendments to pleadings ought to be allowed freely unless there is a clear [*917] danger of prejudice, abuse…
  • Spano v. Bruce, 62 So. 3d 2 (Fla. 3d DCA 2011)
    …modification is the date on which the mother first filed her petition for modification on May 1, 2003. 3. Attorney’s Fees and Costs The abuse of discretion standard governs the review of an award of attorney’s fees. See Bateman v. Serv. Ins. Co., 836 So. 2d 1109 (Fla. 3d DCA 2003). Where entitlement to attorney’s fees depends upon the interpretation of a statute, however, the standard of review is de novo. See Iannuzzelli v. Lovett, 981 So. 2d 557, 559 (Fla. 3d DCA 2008). Here, a review of the attorney’s fe…

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