ALEX CHHOURI, APPELLANT,
v.
ADOLINE CHHOURI, APPELLEE
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In this family law appeal, the husband challenges a temporary relief order awarding the wife $10,000 per month in alimony, $1,009 per month in child support, and $82,141.75 in temporary attorney's fees and costs. The appellate court affirmed the alimony and child support awards but reversed and remanded the attorney's fees and costs awards due to lack of factual findings and evidentiary support.
The court affirmed the awards of $10,000 per month in alimony and $1,009 per month in child support as within the trial court's discretion. However, the court reversed the attorney's fees award because it lacked requisite findings of fact regarding the reasonableness of hourly rates and time expended, and reversed the attorney's costs award of $10,000 because it was unsupported by evidence showing only $8,418.97 in actual costs.
[1] An award of temporary attorney's fees requires factual findings regarding the reasonableness of the hourly rates and time expended.
[2] A party seeking attorney's fees must prove the reasonableness and necessity of the fees sought with evidence.
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Join FLexlaw to unlock all legal intelligence“The party seeking fees must prove with evidence the reasonableness and necessity of the fee sought.”
Establishes the evidentiary burden required to support fee awards in family law cases.
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Join FLexlaw to unlock all legal intelligenceThe husband sought review of a temporary relief order in a divorce proceeding. The trial court awarded the wife $10,000 per month in alimony, $1,009 p…
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Alex Chhouri, the Husband, seeks review of a temporary relief order granting the Wife, Adoline Chhouri, $10,000 per month in alimony, $1009 per month in child support, and a total of $82,141.75 in temporary attorney’s fees, attorney’s costs, expert fees, and suit money. Because the *988court did not abuse its discretion in awarding monthly temporary support of $10,000 in alimony and $1009 in child support, we affirm those awards without further comment. However, the order contains no findings of fact regarding the reasonableness of the attorney’s fees, and the Wife concedes error as to the award of attorney’s costs. Accordingly, we reverse the award of attorney’s fees and attorney’s costs and remand for further consideration and findings.
The Husband argues the trial court erred in awarding the Wife $51,373 in attorney’s fees without making any findings of fact to support the reasonableness of the award. The Husband argued below and on appeal that the Wife’s attorney’s fees invoices reflect excessive and duplica-tive charges.
The party seeking fees must prove with evidence the reasonableness and necessity of the fee sought. Safford v. Safford, 656 So.2d 485 (Fla. 2d DCA 1994). Despite the very broad discretion granted to the court in awarding temporary support, Mullins v. Mullins, 799 So.2d 450, 451 (Fla. 4th DCA 2001), we have consistently required that an award of temporary attorney’s fees be accompanied by factual findings regarding reasonableness of the hourly rates and time expended. Ghay v. Ghay, 954 So.2d 1186 (Fla. 2d DCA 2007); Kasm v. Kasm, 933 So.2d 48 (Fla. 2d DCA 2006). Because the order in this case lacks the requisite findings, we reverse that portion of the order awarding a specific amount of attorney’s fees and remand for further proceedings regarding reasonableness. We affirm the court’s findings as to need and ability to pay.
In addition to $51,373 in attorney’s fees, the Husband was ordered to pay $10,000 in attorney’s costs, $10,768.75 in accountant fees, and $10,000 in costs to retain a business valuation. The Wife concedes that the award of $10,000 in attorney’s costs is not supported by the evidence, which shows only $8418.97 in attorney’s costs. Accordingly, we reverse and remand that portion of the order as well.
Affirmed in part, reversed in part and remanded.
NORTHCUTT, C.J., and WALLACE, JJ., Concur.
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Giovanini v. Giovanini, 89 So. 3d 280 (Fla. 1st DCA 2012)…rs. Davis v. Davis, 613 So. 2d 147, 148 (Fla. 1st DCA 1993). “[T]he party seeking fees must prove with evidence the reasonableness and the necessity of the fee sought.” Baker v. Baker, 35 So. 3d 76, 77 (Fla. 2d DCA 2010) (quoting Chhouri v. Chhouri, 2 So. 3d 987, 988 (Fla. 2d DCA 2008)). “Absent a stipulation, this must be determined at an evi-dentiary hearing.” Jones, 671 So. 2d at 855. This is a basic element of due process. Matlack v. Matlack, 893 So. 2d 656, 657 (Fla. 4th DCA 2005). Here, the trial cou…
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Pothen Jacob v. Lalitha Jacob, 26 So. 3d 11 (Fla. 2d DCA 2009)…t awarded the Wife $3200 per month in temporary support. The trial court specifically found that the Husband had been paying for the mortgage and utilities for the marital home. Our standard of review is abuse of discretion. See Chhouri v. Chhouri, 2 So. 3d 987, 987 (Fla. 2d DCA 2008). Applying that standard, we find no error with the trial court’s decision to award support prior to the Wife’s full compliance with discovery. While rule 12.285(b) lists a number of disclosures required for temporary financia…
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Baker v. Baker, 35 So. 3d 76 (Fla. 2d DCA 2010)…the amount of the fees sought. To obtain an award of temporary attorney’s fees in a dissolution of marriage proceeding, “[t]he party seeking fees must prove with evidence the reasonableness and the necessity of the fee sought.” Chhouri v. Chhouri, 2 So. 3d 987, 988 (Fla. 2d DCA 2008) (citing Safford v. Safford, 656 So. 2d 485 (Fla. 2d DCA 1994)). Although the trial court has broad discretion in making an award of temporary attorney’s fees, the trial court must support the award with “factual findings rega…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Sunil Ghay v. Poonam Ghay, 954 So. 2d 1186 (Fla. 2d DCA 2007)
- Safford v. Safford, 656 So. 2d 485 (Fla. 2d DCA 1994)
- Kasm v. Kasm, 933 So. 2d 48 (Fla. 2d DCA 2006)
- Mullins v. Mullins, 799 So. 2d 450 (Fla. 4th DCA 2001)