JAMES FRANK NIVENS, APPELLANT,
v.
SHARON LEE NIVENS, APPELLEE
Explore caselaw by topic → Browse Reasonableness Of Attorney'S Fees cases and more on FLexlaw
PER CURIAM.
Affirmed.
BOARDMAN, Acting C. J., SCHEB, J., and SCHWARTZ, ALAN R., Associate Judge, concur.'
SCHEB, Judge.
Upon Petition for Rehearing appellant contends the trial court did not receive evidence as to: (1) appellant’s ability to pay attorneys’ fees, (2) appellee’s need to have her attorneys compensated, and (3) the reasonableness as to the amount of attorneys’ fees. While the record discloses sufficient evidence in the form of the parties’ financial affidavits and testimony before the trial court as to items (1) and (2), nevertheless, the record is insufficient as to item (3) In that it does not disclose any testimony detailing the services performed by appellee’s counsel or any expert testimony as to the reasonableness of such fees. Such evidence must be adduced, else the court is without authority to make an award. See Lyle v. Lyle, Fla.App.2d 1964, 167 So. 2d 256.
Accordingly on petition for rehearing we adhere to our previous decision affirming, except on the question of the award of attorney’s fees in the amount of $750 and as to such award we reverse and remand to the trial court for the purpose of receiving evidence of the services rendered by appel-lee’s counsel and the reasonableness of the value therefor. BOARDMAN, Acting C. J., and SCHWARTZ, ALAN R., Associate Judge, concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (21 total)
-
Jules J. Cohen v. Rosalyn L. Cohen, 400 So. 2d 463 (Fla. 4th DCA 1981)…(Fla. 2d DCA 1964). We have not previously addressed the question of the necessity of the subject party’s attorney testifying as to his services although Lyle v. Lyle, supra, expressly recognizes such to be the practice. See also Nivens v. Nivens, 312 So. 2d 201 (Fla. 2d DCA 1975). Appellee points out that in Fatolitis v. Fatolitis, 271 So. 2d 227 (Fla. 2d DCA 1973), the expert was apparently the only witness who testified as to attorney’s fees. Upon reflection, in view of appellant’s objection, we hold t…
-
Saussy v. Saussy, 560 So. 2d 1385 (Fla. 2d DCA 1990)…, who appeared on behalf of the law firm as custodian of the records. To support a fee award, there must be the following: (1) evidence detailing the services performed and (2) expert testimony as to the reasonableness of the fee. Nivens v. Nivens, 312 So. 2d 201 (Fla. 2d DCA 1975). The trial court, relying on the case of Wiley v. Wiley, 485 So. 2d 2 (Fla. 5th DCA 1986), ruled that the wife could not be compensated for fees incurred by any attorney who did not personally testify. We believe the trial judge m…
-
Mercy Hosp., Inc. v. Wyatt Johnson, 431 So. 2d 687 (Fla. 3d DCA 1983)…denied, 172 So. 2d 601 (Fla.1964). Johnson’s failure to present detailed evidence of his services is fatal to his claim. In re Estate of Lopez, 410 So. 2d 618 (Fla. 4th DCA 1982); Cohen v. Cohen, 400 So. 2d 463 (Fla. 4th DCA 1981); Nevins v. Nevins, 312 So. 2d 201 (Fla. 2d DCA 1975). The opinion of an expert witness does not constitute proof that the facts necessary to support the conclusion exist. Arkin Construction Co. v. Simpkins, 99 So. 2d 557 (Fla.1957). The expert testimony presented to the trial court…
Previewing 3 of 21 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Lyle v. Lyle, 167 So. 2d 256 (Fla. 2d DCA 1964)