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Clark v. Squire, Sanders Dempsey

District Court of Appeal of Florida, Third District
Sep 30, 1986
495 So. 2d 264 (Fla. Dist. Ct. App. 1986)

Summary

holding that it was error for the trial court to affix an attorneys fee without testimony from the attorney in support of his fee other than a time sheet and without any other testimony to indicate the reasonableness of the time expended or the amount of the fee to be awarded

Summary of this case from Faircloth v. Bliss

Opinion

No. 86-656.

September 30, 1986.

Appeal from the Circuit Court, Dade County, Edmund W. Newbold, J.

Levin Fishman and Anna H. Kristjan, Miami, and Frank Gonzalez, for appellants.

Squire, Sanders Dempsey and Laurel M. Isicoff, Miami, for appellees.

Before BARKDULL, BASKIN and FERGUSON, JJ.


The trial court affixed an attorney's fee without testimony from the attorney in support of his fee other than a time sheet and without any other testimony to indicate the reasonableness of the time expended or the amount of fee to be awarded. We find 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.


Summaries of

Clark v. Squire, Sanders Dempsey

District Court of Appeal of Florida, Third District
Sep 30, 1986
495 So. 2d 264 (Fla. Dist. Ct. App. 1986)

holding that it was error for the trial court to affix an attorneys fee without testimony from the attorney in support of his fee other than a time sheet and without any other testimony to indicate the reasonableness of the time expended or the amount of the fee to be awarded

Summary of this case from Faircloth v. Bliss
Case details for

Clark v. Squire, Sanders Dempsey

Case Details

Full title:BEVERLY CLARK AND ESTATE OF BARBARA BERTMAN, BENEFICIARIES AND INTERESTED…

Court:District Court of Appeal of Florida, Third District

Date published: Sep 30, 1986

Citations

495 So. 2d 264 (Fla. Dist. Ct. App. 1986)

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