ORIT SIMHONI, AS GUARDIAN OF THE PROPERTY OF BENJAMIN SCHLEIDER, APPELLANT,
v.
LINDA CHAMBLISS, ESQ., APPELLEE
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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.
The trial court awarded attorney's fees for guardianship representation without making specific findings on hours spent or hourly rate. The appellant …
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PER CURIAM.
The trial court’s order awarded $17,865.00 in attorney’s fees for the representation of a guardianship. The order did not make specific findings regarding the number of hours spent by the attorney in the representation and a reasonable hourly fee.
It is well-settled that 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. 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 used to arrive at the final award. But cf. Blits v. Renaissance Cruises, Inc., 647 So. 2d 971, 972 (Fla. 4th DCA 1994) (holding that where court stated on record it would award $11,250 and that it derived this number by multiplying seventy-five hours times $150.00 an hour, reversal was not required, despite the lack of findings in the written order).
Addressing the other point raised by appellant, we note that appellant did not object to appellee’s failure to call an expert at the fees hearing, thereby failing to preserve that issue for appellate review. The record does not support appellant’s claim that the trial court denied appellant an opportunity to present her testimony; the trial court did not want to hear un-sworn arguments, preferring “testimony ... under oath.”
We reverse and remand to the trial court for the entry of a written order containing the necessary findings. The court need not hold a new evidentiary hearing if it is able to enter a written order from its notes or a transcript of the original fees hearing.
POLEN, C.J., KLEIN and GROSS, JJ„ concur.
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Cited By (14 total)
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Diwakar v. Montecito Palm Beach Condo. Ass'n, Inc., 143 So. 3d 958 (Fla. 4th DCA 2014)
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In re Guardianship OF William Ansley v. Fay Howard, 94 So. 3d 711 (Fla. 2d DCA 2012)…”). We remand for the circuit court to enter a new order that sets forth the basis for the award, including the hours determined to be compensable, the hourly rate, and the other factors considered in arriving at the award. See Simhoni v. Chambliss, 843 So. 2d 1036, 1037 (Fla. 4th DCA 2003); Guardianship of Halpert v. Martin S. Rosenbloom, P.A., 698 So. 2d 938, 939 (Fla. 4th DCA 1997). The order must also itemize the costs allowed. Jones, 661 So. 2d at 942. Reversed and remanded with directions. NORTHCUTT, J…
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Levine v. Keaster, 862 So. 2d 876 (Fla. 4th DCA 2003)…e entry of a written order containing the necessary findings. The trial court need not, however, hold a new evidentiary hearing if it is able to enter a written order from its notes or a transcript of the pertinent hearing. See Simhoni v. Chambliss, 843 So. 2d 1036, 1037 (Fla. 4th DCA 2003). Point B Levine argues that it was error for the trial court to award Keaster an amount of attorneys’ fees approximately $4,000 higher than the amount reflected in the affidavit provided by Keaster’s attorney. She argues…
Previewing 3 of 14 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Rodriguez v. David Campbell, M.D., 720 So. 2d 266 (Fla. 4th DCA 1998)
- Jami Robin Greenberg v. Greenberg, 698 So. 2d 938 (Fla. 4th DCA 1997)
- Tutor Time Merger Corp. v. MeCABE, 763 So. 2d 505 (Fla. 4th DCA 2000)
- Blits v. Renaissance Cruises, Inc., 647 So. 2d 971 (Fla. 4th DCA 1994)
- Zucker v. Zucker, 774 So. 2d 890 (Fla. 4th DCA 2001)