MARSHA REED, APPELLANT,
v.
WILLIAM MARK REED, APPELLEE
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In this dissolution of marriage case, the Fourth District Court of Appeal reversed the trial court's award of $4,000 in attorney's fees to the former wife because the judgment lacked the required findings of fact regarding hours expended and hourly rate under Florida law. The court also remanded for the trial court to rule on the former wife's request for an enhancement multiplier based on alleged bad faith practices by the former husband.
The court reversed the $4,000 attorney's fee award because it lacked the required findings of fact under Florida Patient's Compensation Fund v. Rowe. On remand, a new evidentiary hearing is required because the trial judge has recused himself. The trial court must also rule on the former wife's request for an enhancement multiplier.
[1] A judgment awarding attorney's fees must contain express findings regarding the number of hours reasonably expended and a reasonable hourly rate for the type of litigatio…
[2] When the trial judge who entered a judgment has recused themselves, a new evidentiary hearing is required on remand for the entry of an attorney's fee award with the requ…
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Join FLexlaw to unlock all legal intelligence“we reverse the final judgment awarding former wife $4,000 in attorney's fees for the period after January 11, 2001, because the judgment lacks the requisite findings under Florida Patient's Compensation Fund v. Rowe, 472 So. 2d 1145 (Fla.1985)(requiring the trial court to make express findings regarding the number of hours reasonably expended and a reasonable hourly rate for the type of litigation involved)”
Establishes the standard for attorney's fee awards and the deficiency in the trial court's judgment
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Join FLexlaw to unlock all legal intelligenceThis is a dissolution action between Marsha Reed (former wife/appellant) and William Mark Reed (former husband/appellee). The trial court awarded the …
The full statement of facts, procedural history, and disposition for this case are member content.
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PER CURIAM.
In this dissolution action, we reverse the final judgment awarding former wife $4,000 in attorney’s fees for the period after January 11, 2001, because the judgment lacks the requisite findings under Florida Patient’s Compensation Fund v. Rowe, 472 So. 2d 1145 (Fla.1985)(requiring the trial court to make express findings regarding the number of hours reasonably expended and a reasonable hourly rate for the type of litigation involved). On remand, a new evidentiary hearing will be required since the trial judge that entered the attorney’s fee judgment has recused himself, precluding the usual procedure of allowing the trial court to supplement the order with the required findings. See Guardianship of Halpert v. Rosenbloom, 698 So. 2d 938 (Fla. 4th DCA 1997).
The former wife also argues that the trial court failed to consider her request for an enhancement multiplier on her attorney’s fee award because of former husband’s alleged “dilatory and bad faith practices.” The trial court failed to rule on this issue and former wife did not seek a ruling on motion for rehearing. Without a ruling, it is unclear whether the trial court granted or denied former wife’s request. Cf. Matisko v. Matisko, 834 So. 2d 405 (Fla. 5th DCA 2003)(finding that party’s failure to obtain a ruling on his motion for sanctions precluded consideration on appeal of whether the motion should have been granted). On remand, the trial court shall make a ruling on former wife’s request for an enhancement multiplier. We have considered the other issues raises by appellant, but find no error. AFFIRMED in part, REVERSED in part, and REMANDED.
STEVENSON, GROSS and MAY, JJ„ concur.
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Reed v. Reed, 914 So. 2d 26 (Fla. 4th DCA 2005)…STEVENSON, C.J. In Reed v. Reed, 857 So. 2d 936 (Fla. 4th DCA 2003), this court reversed an award of $4,000 in attorney’s fees to the former wife, Marsha Reed, and remanded the case to the trial court for an evidentiary hearing. Following the hearing, the trial court ordered the former husband, W…
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Stanton v. Stanton, 50 So. 3d 688 (Fla. 2d DCA 2010)…ended. See Ghay, 954 So. 2d at 1189 (reversing award of temporary attorney’s fees where order did not contain any factual findings as to the “reasonable hourly rates and the amount of fees that are expected to be reasonably incurred”); Reed v. Reed, 857 So. 2d 936, 936 (Fla. 4th DCA 2003) (reversing final judgment awarding attorney’s fees where judgment lacked articulated findings as to the reasonable hourly rate for that type of litigation and the number of hours reasonably expended). On remand, we would re…
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Atlanta Cap. P'rs v. Quamtel, 121 So. 3d 650 (Fla. 4th DCA 2013)…a basis for an award of attorneys’ fees, we reverse the order denying the appellant’s motion for attorneys’ fees and remand the case for the trial court to determine whether the contract provides an entitlement to attorneys’ fees. See Reed v. Reed, 857 So. 2d 936, 936 (Fla. 4th DCA 2003). Reversed and Remanded. TAYLOR, LEVINE and KLINGENSMITH, JJ., concur.…
Authorities Cited
- Fla. Patient's Comp. Fund v. Rowe, 472 So. 2d 1145 (Fla. 1985)
- Jami Robin Greenberg v. Greenberg, 698 So. 2d 938 (Fla. 4th DCA 1997)
- Matisko v. Matisko, 834 So. 2d 405 (Fla. 5th DCA 2003)