WILLIAM CLINTON CHANDLER, APPELLANT,
v.
DOROTHY RICKETTS CHANDLER, APPELLEE

Fla. 2d DCA | 1976-04-02
No. 75-1300
HOBSON and SCHEB, JJ., concur.
330 So. 2d 190 Florida District Court of Appeal, Second District (1976) Negative Treatment
Cited by 10 cases

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Synopsis

In a custody dispute, the trial court awarded the ex-wife's Sarasota attorney a $3,000 fee. The appellate court reversed, holding that travel time cannot be included as compensable time in an attorney's fee award and that fees must be based on local market rates rather than the rates of the attorney's home locality.


Holding

Travel time cannot be included as compensable time in an attorney's fee award against an adverse party. Attorney's fees must be based on the fee customarily charged in the locality where the litigation occurs, not the locality where the attorney practices. The trial court's $3,000 fee award was improper and must be reversed.


Headnotes

[1] Travel time is not a compensable component of an attorney's fee award when local counsel is available.

[2] An attorney's fee award must be based on the customary fees charged in the locality where the services are rendered.

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Key Quotes

“there is no real dispute but that the other fourteen hours were reasonably necessary in defense of the original custody award; so we are faced with the question of whether travel time is properly included in an award of attorneys' fees. We think not.”

Establishes that while the substantive legal work was reasonable, travel time should not be compensable in fee awards.

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Facts & Procedural History

A judgment of dissolution was entered between the parties in a prior proceeding. Subsequently, an action for change of custody was filed and tried in …

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Opinion of the Court
McNULTY, Chief Judge.

McNULTY, Chief Judge.

This action for change of custody was filed and tried in Dade City, Pasco County, wherein a judgment of dissolution of the marriage between the parties hereto was entered several years previously. Counsel for the appellee ex-wife was a Sarasota attorney who, at the conclusion of the child custody proceeding (which ended in favor of the ex-wife), was awarded a $3,000 fee. The ex-husband appeals that award. We reverse.

The foregoing award was improper for two reasons. First, it is patent that the fee was based on the ex-wife’s attorney’s own commendably candid computation of thirty hours of time and labor spent, sixteen of which were for travelling from Sarasota to Dade City. Now, there is no real dispute but that the other fourteen hours were reasonably necessary in defense of the original custody award; so we are faced with the question of whether travel time is properly included in an award of attorneys’ fees. We think not. We are aware of no authority for including it and, indeed, Canon 2 of the Code of Professional Responsibility indicates to the contrary when, among other factors properly to be considered in determining a reasonable fee, it cites the fee “customarily charged in the locality for similar legal services.” 1 In the absence of a showing that there is no local legal expertise on the issues involved in the matter (obviously not the case here), this factor should not, as it was here, be overlooked. Certainly a reasonable fee for local counsel would not contemplate the inclusion of travel time as compensable time. It would be incongruous, to say the least, if in the ordinary case nonlocal counsel should fare better insofar as his fees may be assessed against the other party.

On the latter point, we emphasize that we do not hold that a party may not employ any counsel, from any place, he chooses so long as that counsel qualifies to practice law in this state. Nor do we limit in any way the fee arrangement between them. We do circumscribe, however, the portion thereof assessable against his adversary.

The second infirmity in the fee awarded in the instant case is that it was based on the deposition of a Sarasota attorney, who was deposed in Sarasota and who based his opinion on the reasonableness of a fee payable to the ex-wife’s attorney on the standards, amenities and practices in Sarasota County. It need not be mentioned here, we suppose, that it differed greatly from the testimony of a local attorney in Dade City that a reasonable fee there for the same services would be approximately $1,000. Within the purview of the same criteria set forth in Canon 2 alluded to above,2 it’s patent, we think, that a fee awarded in Dade City but predicated on Sarasota standards was error. In view of the foregoing, therefore, the order appealed from should be and it is hereby reversed, and the cause is remanded for further proceedings not inconsistent herewith.

HOBSON and SCHEB, JJ., concur. . See, Code of Professional Responsibility, Canon 2, DR 2-106(B) (3).

. Id.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Belmont v. Belmont, 761 So. 2d 406 (Fla. 2d DCA 2000)
    …ourt is also directed to eliminate from the fee award any fees attributed to time the wife’s Polk County counsel spent traveling to and from Sarasota County. The wife could and did hire competent counsel in Sarasota County. See Chandler v. Chandler, 330 So. 2d 190 (Fla. 2d DCA 1976). Lastly, the trial court is directed to eliminate from the fee award any time attributed to the wife’s counsel’s physical removal of items from the marital home. We note that both parties argued that the other party should have b…
  • Gwen Fearing Real Est., Inc. v. Wilson, 430 So. 2d 589 (Fla. 4th DCA 1983)
    …urt properly disallowed travel time from the attorney fee award. In the absence of a showing of non availability of local expertise on the issues involved, travel time may not be included in a cost award against a losing party. Chandler v. Chandler, 330 So. 2d 190 (Fla. 2d DCA 1976). We need not reach appellees’ argument that they are entitled to pre-judgment interest since they have dismissed their cross-appeal from the principal claim. .Their cross-appeal directed to the order assessing costs and attorney…
  • Mandel v. Decorator's Mart, 965 So. 2d 311 (Fla. 4th DCA 2007)
    …fees from an opponent should not include travel time over and above what a local attorney would charge. See also Gwen Fearing Real Estate, Inc. v. Wilson, 430 So. 2d 589, 591 (Fla. 4th DCA 1983). As the second district noted in Chandler v. Chandler, 330 So. 2d 190,191 (Fla. 2d DCA 1976), We are aware of no authority for including [travel time] and, indeed, Canon 2 of the Code of Professional Responsibility indicates to the contrary when, among other factors properly to be considered in determining a reasonab…

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