RICHARD S. KEMP, APPELLANT,
v.
ANN MARIE DAHL KEMP, N/K/A ANN MARIE WELSH, APPELLEE
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The court affirmed a contempt judgment but reversed the attorney's fees award because the trial court failed to make specific findings regarding hours worked and reasonable hourly rates.
When awarding attorney's fees against a non-client in a contempt proceeding, the trial court must make explicit factual findings regarding hours expended and reasonable hourly rates to permit meaningful appellate review.
[1] When awarding attorney's fees against a non-client in a contempt proceeding, the trial court must make explicit factual findings regarding the number of hours expended an…
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Join FLexlaw to unlock all legal intelligence“When someone other than an attorney's own client is required to pay their fees, the trial court must award a reasonable fee, determined from testimony (absent any stipulations) as to the prevailing rates for attorneys in comparable circumstances and the amount of time reasonably expended by the attorney on the matter.”
Establishing the standard for awarding attorney's fees against a non-client party.
Richard Kemp appealed a post-dissolution contempt judgment entered against him, including an award of attorney's fees to be paid to his ex-wife Ann Ma…
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In this post-dissolution proceeding, we affirm the trial court’s judgment of contempt in all respects, save one. Under prevailing law, the trial court must make findings to substantiate an award of attorney’s fees to allow for meaningful appellate review. See DeLillo v. DeLillo, 848 So.2d 454, 455 (Fla. 4th DCA 2003). When someone other than an attorney’s own client is required to pay their fees, the trial court must award a reasonable fee, determined from testimony (absent any stipulations) as to the prevailing rates for attorneys in comparable circumstances and the amount of time reasonably expended by the attorney on the matter. See Franklin & Marbin, P.A. v. Mascola, 711 So.2d 46, 48-49 (Fla. 4th DCA 1998); see also Fla. Patient’s Comp. Fund v. Rowe, 472 So.2d 1145 (Fla.1985). This determination requires the trial court to make findings of fact regarding the number of hours spent, and a reasonable hourly rate. Simpson v. Simpson, 780 So.2d 985, 988 (Fla. 5th DCA 2001). Absent such factual findings, the award of attorneys’ fees must be reversed *482and remanded for further proceedings. In all other respects, the judgment of contempt is affirmed.
AFFIRMED in part; REVERSED in part; and REMANDED.
GRIFFIN and LAWSON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Suzzann Evans Card v. Card, 160 So. 3d 469 (Fla. 2d DCA 2015)…heir fees, the trial court must award a reasonable fee, determined from testimony (absent any stipulations) as to the prevailing rates for attorneys in comparable circumstances and the amount of time reasonably expended on the matter.” Kemp v. Kemp, 61 So. 3d 481, 481 (Fla. 5th DCA 2011); see also Snow v. Harlan Bakeries, Inc., 982 So. 2d 411, 412 (Fla. 2d DCA 2006). Mr. Card’s counsel expressed her intention to present expert testimony about the reasonableness of Ms. Card’s fees. To forestall such a challe…
Authorities Cited
- Fla. Patient's Comp. Fund v. Rowe, 472 So. 2d 1145 (Fla. 1985)
- Simpson v. Simpson, 780 So. 2d 985 (Fla. 5th DCA 2001)
- Franklin & Marbin, P.A. v. Mascola, 711 So. 2d 46 (Fla. 4th DCA 1998)
- Ramdamar v. State, 848 So. 2d 454 (Fla. 4th DCA 2003)