JESUS BENITEZ, APPELLANT,
v.
RAFAELA BENITEZ, APPELLEE
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PER CURIAM.
We have considered the points raised by this appeal and find no error except in the award of attorney’s fee. The trial court’s award of $1,750.00 to appellee’s attorney was done without proper evidence to support the fee awarded. The only evidence was the testimony of appellee’s attorney and his invoice for services. Whatever amount is fixed as attorney’s fees in a divorce action must be supported by competent substantial evidence. Ortiz v. Ortiz, 211 So. 2d 243 (Fla.3d DCA 1968). The self-serving nature of testimony given by an attorney who performed services for which an attorney’s fee is sought, precludes the court from making an award based solely on that attorney's testimony. Lyle v. Lyle, 167 So. 2d 256 (Fla.2d DCA 1964).
The portion of the final judgment awarding $1,750.00 attorney’s fee to appellee’s attorney is reversed and the case remanded for further proceedings consistent with this opinion. The remainder of the final judgment is affirmed.
MAGER, C. J., ALDERMAN, J., and' WILLIAMS, W. C., Ill, Associate Judge, concur.
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Jules J. Cohen v. Rosalyn L. Cohen, 400 So. 2d 463 (Fla. 4th DCA 1981)…e of the attorney’s services. We have previously held that an award for attorney’s fees requires substantial competent evidence. Leader Mortgage Co. v. Rickards Electric Service, Inc., 348 So. 2d 1202, 1205 (Fla. 4th DCA 1977); Benitez v. Benitez, 337 So. 2d 408 (Fla. 4th DCA 1976). Implicit in this is the requirement that the value of services be proven by expert witnesses. Tanner v. Tanner, 391 So. 2d 305 (Fla. 4th DCA 1980); Lyle v. Lyle, 167 So. 2d 256 (Fla. 2d DCA 1964). We have not previously addres…
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Rodriguez v. David Campbell, M.D., 720 So. 2d 266 (Fla. 4th DCA 1998)…rsing portion of final judgment awarding attorney’s fee assessed solely on affidavit of lawyer over objection of opposing party, and remanding with directions to hold evi-dentiary hearing to determine appropriate amount of fees); Benitez v. Benitez, 337 So. 2d 408 (Fla. 4th DCA 1976) (reversing attorney’s fee award assessed solely on self-serving testimony and invoice of trial counsel, and remanding “for further proceedings consistent with this opinion”). We located one case in which this court strayed from…
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Brake v. Eve E. Murphy, 736 So. 2d 745 (Fla. 3d DCA 1999)…the testimony of the attorney claiming the fee, but rather expert testimony must be offered substantiating the fee. See Tanner v. Tanner, 391 So. 2d 305 (Fla. 4th DCA 1980); Geraci v. Kozloski, 377 So. 2d 811 (Fla. 4th DCA 1979); Benitez v. Benitez, 337 So. 2d 408 (Fla. 4th DCA 1976). Second, while proof by way of contemporaneous records is not imperative, something more than wild guesses are necessary to support an award of fees based on reconstructed records. As we recently stated in Cohen & Cohen v. Angra…
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- Lyle v. Lyle, 167 So. 2d 256 (Fla. 2d DCA 1964)
- Ortiz v. Ortiz, 211 So. 2d 243 (Fla. 3d DCA 1968)