ERIC BAIME, APPELLANT,
v.
JILL L. BAIME, APPELLEE
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The court held that the trial court erred by failing to make required findings regarding the parties' financial resources and the reasonableness of the attorney's fees awarded.
[1] A trial court must make findings regarding the financial needs of the requesting party and the financial ability of the other party to pay when awarding attorney's fees i…
[2] Failure by a trial court to make express findings as to the financial resources of the parties requires reversal of an attorney's fee award.
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Join FLexlaw to unlock all legal intelligenceFollowing the denial of a petition to modify child support, the trial court awarded attorney's fees to the former wife. The trial court entered a fina…
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SHAHOOD, J.
This appeal concerns the trial court’s award of attorney’s fees to the former wife following the court’s denial of the former husband’s petition for modification of child support. We reverse the order and remand for the trial court to make appropriate findings.
The trial court entered an order denying the former husband’s petition for modification, granting the former wife’s motion for fees, and reserving jurisdiction to determine the amount. Following a hearing, the trial court entered a Final Judgment Awarding Fees and Costs, requiring the former husband to pay a total of $44,203.37. It is not apparent from either order that the trial court considered the financial resources of the parties. See Ondrejack v. Ondrejack, 839 So. 2d 867, 872 (Fla. 4th DCA 2003)(The standard for awarding attorneys fees in dissolution cases is the financial need of the requesting party and the financial ability of the other party to pay). The trial court is required to make findings regarding the parties’ respective financial needs and abilities to pay. See Sumlar v. Sumlar, 827 So. 2d 1079, 1084 (Fla. 1st DCA 2002). Failure to do so requires reversal. Id.
In addition, the trial court did not make the requisite findings as to the reasonableness of the fees requested, including the reasonableness of the former wife’s attorney’s time and hourly rate. Thus, reversal is required for the court to make these findings as well. See Saporito v. Saporito, 831 So. 2d 697 (Fla. 5th DCA 2002)(reversal required where trial court does not make express findings as to number of hours reasonably expended and hourly rate); Ard v. Ard, 765 So. 2d 106, 107 (Fla. 1st DCA 2000)(holding that even where there is competent substantial evidence in the record to support an award of attorney’s fees to the wife, the trial court must make factual findings with regard to the total number of hours expended by the wife’s attorney, the hourly rate, or the reasonableness of the fee).
REVERSED AND REMANDED.
KLEIN and GROSS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Burnham v. Burnham, 884 So. 2d 390 (Fla. 2d DCA 2004)…sonable hourly rate. Reversal of the attorney’s fee award is required, given the absence of specific findings as to the number of hours reasonably expended and an hourly rate. See Beck v. Beck, 852 So. 2d 934, 937 (Fla. 2d DCA 2003); Baime v. Baime, 850 So. 2d 606, 607 (Fla. 4th DCA 2003); Saporito v. Saporito, 831 So. 2d 697, 701 (Fla. 5th DCA 2002). A judgment provision simply stating the amount of attorney’s fees required to be paid without any specific findings regarding the basis for the determination of…
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Phillips v. Ford, 68 So. 3d 257 (Fla. 4th DCA 2010)…ases is the financial need of the requesting party and the financial ability of the other party to pay.” Derrevere v. Derrevere, 899 So. 2d 1152, 1153 (Fla. 4th DCA 2005) (citations omitted). The instant case is factually similar to Baime v. Baime, 850 So. 2d 606 (Fla. 4th DCA 2003), where we reversed an award of attorney’s fees after the trial court failed to make appropriate findings. In Baime, the trial court entered an order denying the former husband’s petition for modification, granting the former wife…
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Beckstrom v. Beckstrom, 183 So. 3d 1067 (Fla. 4th DCA 2015)…“award of attorney’s fees because the trial court did not make findings concerning the former wife’s need and the former husband’s ability to pay fees and costs.” DeLillo v. DeLillo, 848 So. 2d 454, 454 (Fla. 4th DCA 2003); see also Baime v. Baime, 850 So. 2d 606, 606 (Fla. 4th DCA 2003) (“The trial court is required to make findings regarding the parties’ respective financial needs and abilities to pay. Failure to do so requires reversal.”) (internal citation omitted). Here, the trial court found the forme…
Previewing 3 of 8 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Ondrejack v. Ondrejack, 839 So. 2d 867 (Fla. 4th DCA 2003)
- Arizona L. Sumlar v. Sumlar, 827 So. 2d 1079 (Fla. 1st DCA 2002)
- Saporito v. Saporito, 831 So. 2d 697 (Fla. 5th DCA 2002)
- ARD v. ARD, 765 So. 2d 106 (Fla. 1st DCA 2000)