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Tanner v. Tanner

District Court of Appeal of Florida, Fourth District
Dec 10, 1980
391 So. 2d 305 (Fla. Dist. Ct. App. 1980)

Summary

reversing award assessed solely on testimony of attorney claiming fee, absent expert testimony substantiating fee, and remanding for further hearing

Summary of this case from Rodriguez v. Campbell

Opinion

No. 78-2448.

December 10, 1980.

Appeal from the Circuit Court, Palm Beach County, Howard H. Harrison, J.

John L. O'Brien, Boca Raton, for appellant.

Paula S. Gold, of Baskin Sears, Boca Raton, for appellee.


In a post-judgment dissolution proceeding, the husband appeals in order which, inter alia, found him in contempt of court and awarded his wife additional attorneys fees. We reverse in part.

The award of attorneys fees was made without any expert testimony to substantiate the claimed fee. The only testimony proffered was that of the lawyer claiming the fee. This is clearly inadequate. Mullane v. Lorenz, 372 So.2d 168 (Fla. 4th DCA 1979); Lamar v. Lamar, 323 So.2d 43 (Fla. 4th DCA 1975). Accordingly, the award of attorneys fees is hereby reversed and this cause is remanded to the trial court for a further hearing thereon.

DOWNEY and ANSTEAD, JJ., concur.


Summaries of

Tanner v. Tanner

District Court of Appeal of Florida, Fourth District
Dec 10, 1980
391 So. 2d 305 (Fla. Dist. Ct. App. 1980)

reversing award assessed solely on testimony of attorney claiming fee, absent expert testimony substantiating fee, and remanding for further hearing

Summary of this case from Rodriguez v. Campbell
Case details for

Tanner v. Tanner

Case Details

Full title:ROBERT B. TANNER, APPELLANT, v. PATRICIA M. TANNER, APPELLEE

Court:District Court of Appeal of Florida, Fourth District

Date published: Dec 10, 1980

Citations

391 So. 2d 305 (Fla. Dist. Ct. App. 1980)

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