JORGE C. GARRIDO
v.
PATRICIA A. GARRIDO N/K/A PATRICIA MARTINEZ
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In domestic relations cases, an attorney's fees award must be supported by express findings regarding the number of hours reasonably expended and a reasonable hourly rate using the lodestar method, and the trial court's order must allow appellate review of these determinations.
[1] In domestic relations cases, an award of attorney's fees must be supported by express findings regarding the number of hours reasonably expended and the reasonable hourly…
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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. The lodestar method is an appropriate starting point in domestic relations cases.”
Court's citation to Nagl v. Navarro establishing the required standard for attorney's fees awards.
A former husband appealed a circuit court's final judgment awarding attorney's fees to the former wife. The trial court awarded fees without calculati…
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[June 6, 20108]
Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Alfred J. Horowitz, Judge; L.T. Case No. FMCE 07- 08800.
Troy William Klein, West Palm Beach, for appellant. No brief filed for appellee. GERBER, C.J.
The former husband appeals from the circuit court’s final judgment upon the former wife’s motion for attorney’s fees. The former husband raises multiple grounds, only one of which has merit. We agree with the former husband that the circuit court erred when it failed to calculate the “lodestar” for the attorney’s fees award. As we stated in Nagl v. Navarro, 187 So. 3d 359 (Fla. 4th DCA 2016):
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. The lodestar method is an appropriate starting point in domestic relations cases. In using the lodestar method, the trial court should first determine the number of hours reasonably expended on the litigation, and then determine the reasonable hourly rate for the services. Fla. Patient’s Comp. Fund v. Rowe, 472 So. 2d 1145, 1150 (Fla. 1985).
2
As the reviewing court, we should be able to discern from the face of the trial court’s orders whether the trial court made such determinations. Where there is nothing in the trial court’s order that allows the appellate court to discern whether . . . the Rowe factors were considered in determining a reasonable attorney’s fee, a fee award simply taking the amount charged by the attorney and determining it to be reasonable is improper . . . . Id. at 361 (other internal citations, quotation marks, and brackets omitted).
Based on the foregoing, we reverse the final judgment and remand for the circuit court to make the appropriate findings as to the reasonableness of the hours expended and the hourly rate. On the other grounds which the former husband raises, we affirm without further discussion.
Affirmed in part, reversed in part, and remanded. GROSS and CONNER, JJ., concur.
* * * Not final until disposition of timely filed motion for rehearing.
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Mahoney v. Mahoney, 251 So. 3d 977 (Fla. 1st DCA 2018)
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Ruffenach v. Deutsche Bank Nat'l Tr. Co. for Ameriquest Mortg. Sec. Inc., 431 So. 3d 1055 (Fla. 6th DCA 2026)…ry hearing are required for a trial court to grant an award of attorneys' fees, and it has never held that they are not required. The Court's seminal case governing awards of attorneys' fees in Florida is Florida Patient's Compensation Fund v. Rowe, 472 So. 2d 1145 (Fla. 1985), wherein the Florida Supreme Court "adopted the federal lodestar approach for computing reasonable attorneys' fees [*11] and articulated specific guidelines to aid trial judges in the setting of attorneys' fees." CED Cap., 363 So. 3d at…
Authorities Cited
- Fla. Patient's Comp. Fund v. Rowe, 472 So. 2d 1145 (Fla. 1985)
- Dieter Nagl v. Monika Navarro, 187 So. 3d 359 (Fla. 4th DCA 2016)