DEBRA J. SUTTON, P.A., A FLORIDA PROFESSIONAL ASSOCIATION, APPELLANT,
v.
STACY L. LEBEAU, APPELLEE
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Florida appellate court reversed attorney's fee award under section 57.105 because the trial court failed to make required findings regarding hourly rate and hours worked, and the record lacked competent evidence supporting the amount awarded.
An attorney's fee award under section 57.105 must be supported by substantial competent evidence and contain express findings regarding reasonable hours expended and reasonable hourly rate.
[1] An award of attorney's fees under section 57.105 must be supported by substantial competent evidence in the record and include express findings regarding the number of ho…
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Join FLexlaw to unlock all legal intelligence“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.”
Court cited Tutor Time Merger Corp. v. MeCabe for the standard that attorney's fee awards require substantial evidence and express findings on hours and rates.
Debra J. Sutton, P.A. sought to challenge a trial court's award of attorney's fees and costs to Stacy LeBeau in an underlying foreclosure and partitio…
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THREADGILL, EDWARD F., Senior Judge.
Debra J. Sutton, P.A. (“Sutton”), challenges the trial court’s final judgment awarding Stacy LeBeau attorney’s fees and costs pursuant to section 57.105, Florida Statutes (2003), in an underlying foreclosure and partition action. We reverse.
Initially, we note that we find no error in the trial court’s finding that Mrs. Le-Beau is entitled to section 57.105 fees and costs. However, because the trial court’s final order granting such fees and costs failed to make the required findings regarding the reasonableness of the hourly rate and number of hours charged, and because the record before us does not contain competent, substantial evidence to support the amount awarded by the trial court, we must reverse. See Tutor Time Merger Corp. v. MeCabe, 763 So. 2d 505, 506 (Fla. 4th DCA 2000) (“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.”) (citations omitted); see also Pridgen v. Agoado, 901 So. 2d 961, 962 (Fla. 2d DCA 2005) (‘When a fee award is not supported by substantial competent evidence in the record, the appellate court will reverse the award without remand for further findings.”).
Reversed.
VILLANTI and WALLACE, JJ„ Concur.
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Talbott v. Am. Isuzu Motors, Inc., 934 So. 2d 643 (Fla. 2d DCA 2006)…hourly rate and number of hours charged as required by Florida Patient’s Compensation Fund v. Rowe, 472 So. 2d 1145, 1151 (Fla.1985). The record contains competent, substantial evidence to support the amount awarded. Debra J. Sutton, P.A. v. LeBeau, 912 So. 2d 327, 328 (Fla. 2d DCA 2005) (“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…
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Darrel Kusick v. Rondie Kusick, 944 So. 2d 1081 (Fla. 2d DCA 2006)…. See Fla. Patient’s Comp. Fund v. Rowe, 472 So. 2d 1145 (Fla.1985); Keeley v. Keeley, 899 So. 2d 387, 389 (Fla. 2d DCA 2005). If the written order does not contain the required findings, the appellate court can look to the record. Sutton v. LeBeau, 912 So. 2d 327, 328 (Fla. 2d DCA 2005). In the present case, the trial court failed to make specific oral or written findings as to the reasonableness of the hourly fee or the hours expended.1 We therefore reverse the order on fees and costs and remand with direc…
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Stack v. Homeside Lending, Inc., 976 So. 2d 618 (Fla. 2d DCA 2008)…fees must be supported by competent substantial evidence in the record and contain express findings regarding the number of hours reasonably expended and a reasonable hourly rate for the type of litigation involved.” Debra J. Sutton, P.A. v. LeBeau, 912 So. 2d 327, 328 (Fla. 2d DCA 2005) (quoting Tutor Time Merger Corp. v. MeCabe, 763 So. 2d 505, 506 (Fla. 4th DCA 2000)). In this case, there is no support in the record for the additional attorneys’ fees awarded in the fourth amended final judgment. We also no…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Tutor Time Merger Corp. v. MeCABE, 763 So. 2d 505 (Fla. 4th DCA 2000)
- Huggins v. Huggins, 901 So. 2d 961 (Fla. 5th DCA 2005)