JOAN V. LEE ET AL., APPELLANTS,
v.
GILBERT, SILVERSTEIN & HELLMAN, P. A., APPELLEE
PER CURIAM.
By this appeal we are asked to review the propriety of an order on a charging lien awarding a lawyer $2,500 for legal services rendered to a client on a tort claim. The client appeals and contends that there was insufficient evidence adduced in the trial court to support the order appealed from because no expert testimony was offered. We agree and reverse. A trial court may not fix attorneys fees without expert testimony. Lamar v. Lamar, 323 So. 2d 43 (Fla.4th DCA 1975); Nivens v. Nivens, 312 So. 2d 201 (Fla.2d DCA 1975); Ortiz v. Ortiz, 211 So. 2d 243, 245 (Fla.3d DCA 1968); Lyle v. Lyle, 167 So. 2d 256 (Fla.2d DCA 1964).
Reversed.
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Sierra v. Sierra, 505 So. 2d 432 (Fla. 1987)…So. 2d 43 (Fla. 4th DCA 1975). Indeed, the Third District Court itself has repeatedly emphasized that attorney’s fees may not be fixed without expert testimony and must be based upon competent evidence. See Lee v. Gilbert, Silverstein, and Hellman, 350 So. 2d 1147 (Fla. 3d DCA 1977) (the trial court may not fix attorney’s fees without expert testimony); Donner v. Donner, 281 So. 2d 399, 401 (Fla. 3d DCA) (award of attorney’s fees should be made only for services that are shown to have been reasonably necessar…
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Feldman v. Zena K. Feldman, 390 So. 2d 1231 (Fla. 3d DCA 1980)…fees vitiates the award, Alexander Muss & Sons, Inc. v. Nelson, 366 So. 2d 532 (Fla. 3d DCA 1979); Wilson v. Wilson, 362 So. 2d 1030 (Fla. 3d DCA 1978); Segal v. Segal, 353 So. 2d 894 (Fla. 3d DCA 1977); Lee v. Gilbert, Silverstein & Heilman, P. A., 350 So. 2d 1147 (Fla. 3d DCA 1977); (2) the trial court, although well within its authority to order, as it did, the husband to transfer to the wife stock owned by him in American Men’s Wear Clothing Company, Inc., was not empowered to order the transfer of the ass…
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Clark v. Squire, 495 So. 2d 264 (Fla. 3d DCA 1986)…heet and without any other testimony to indicate the reasonableness of the time expended or the amount of fee to be awarded. We find [*265] this to be error. Snider v. Snider, 375 So. 2d 591 (Fla. 3d DCA 1979); Lee v. Gilbert, Silverstein & Hellman, 350 So. 2d 1147 (Fla. 3d DCA 1977); Lyle v. Lyle, 167 So. 2d 256 (Fla. 2d DCA 1964). Wherefore the order under review fixing attorney’s fees be and the same is hereby reversed and the cause remanded for further proceedings.…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Lyle v. Lyle, 167 So. 2d 256 (Fla. 2d DCA 1964)
- Ortiz v. Ortiz, 211 So. 2d 243 (Fla. 3d DCA 1968)
- Nivens v. Nivens, 312 So. 2d 201 (Fla. 2d DCA 1975)
- Lamar v. Lamar, 323 So. 2d 43 (Fla. 4th DCA 1975)