SCOT BAIRD AND DEBBIE BAIRD
v.
DENNIS R. NEUTZE AND ARLENE NEUTZE
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A trial court must make specific written findings regarding the calculation of attorney's fees using the four-factor Levine test, even if the record from the initial hearing is adequate to support those findings on remand.
[1] A trial court awarding attorney's fees must make specific written findings applying the four-factor Levine test: (1) hours reasonably expended, (2) reasonable hourly rate…
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Join FLexlaw to unlock all legal intelligence“In computing attorneys' fees, the trial judge should (1) determine the number of hours reasonably expended on the litigation; (2) determine the reasonable hourly rate for this type of litigation; (3) multiply the result of (1) and (2); and, when appropriate, (4) adjust the fee on the basis of the nature of the litigation or the representation.”
Court's statement of the required methodology for calculating attorney's fees
Appellants Scot and Debbie Baird appealed a judgment awarding attorney's fees and costs to appellees Dennis R. Neutze and Arlene Neutze. The trial cou…
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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT
NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED
SCOT BAIRD AND DEBBIE BAIRD,
Appellants,
v. Case No. 5D18-2638
DENNIS R. NEUTZE AND ARLENE NEUTZE,
Appellees.
________________________________/
Opinion filed November 1, 2019
Appeal from the Circuit Court for Sumter County, Michelle T. Morley, Judge.
Scot Baird and Debbie Baird, The Villages, pro se.
Thomas Andrew Player, of Thomas Andrew Player, P.A., Winter Park, for Appellees.
PER CURIAM.
Appellants appeal a judgment awarding attorney’s fees and costs to Appellees. We affirm the trial court’s finding of entitlement to attorney’s fees, but reverse and remand the case for the trial court to make specific written findings as to the fee amount awarded. See Levine v. Keaster, 862 So. 2d 876, 881 (Fla. 4th DCA 2003) (“In computing attorneys’ fees, the trial judge should (1) determine the number of hours reasonably expended on
2 the litigation; (2) determine the reasonable hourly rate for this type of litigation; (3) multiply the result of (1) and (2); and, when appropriate, (4) adjust the fee on the basis of the nature of the litigation or the representation.” (citing Fla. Patient's Comp. Fund v. Rowe, 472 So. 2d 1145, 1151 (Fla. 1985))). On remand, the trial court is not required to conduct an evidentiary hearing if the record from the initial hearing is adequate for the court to make the mandatory findings.
AFFIRMED in part; REVERSED in part; and REMANDED with instructions.
EVANDER, C.J., and COHEN and GROSSHANS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Fla. Patient's Comp. Fund v. Rowe, 472 So. 2d 1145 (Fla. 1985)
- Levine v. Keaster, 862 So. 2d 876 (Fla. 4th DCA 2003)