Clark v. Squire, Sanders & Dempsey
| Decision Date | 30 September 1986 |
| Docket Number | No. 86-656,86-656 |
| Citation | 11 Fla. L. Weekly 2077,495 So.2d 264 |
| Parties | 11 Fla. L. Weekly 2077 Beverly CLARK and Estate of Barbara Bertman, beneficiaries and interested persons, in the Estate of Goldie Simon, deceased, Appellants, v. SQUIRE, SANDERS & DEMPSEY & Fred R. Kucker, Appellees. |
| Court | Florida District Court of Appeals |
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...
To continue reading
Request your trial
-
Faircloth v. Bliss
...mother, mother merely stated what she paid, and there was no evidence as to reasonableness of hours or fees); Clark v. Squire, Sanders & Dempsey, 495 So.2d 264 (Fla. 3d DCA 1986) (holding that it was error for the trial court to affix an attorneys fee without testimony from the attorney in ......
-
Babun v. Stok Kon + Braverman
...from the attorney in support of the fee."); Brake v. Murphy, 736 So. 2d 745, 747 (Fla. 3d DCA 1999) ; Clark v. Squire, Sanders & Dempsey, 495 So. 2d 264 (Fla. 3d DCA 1986).Because neither the record nor the order provides the specific findings as required by Florida Patient's Compensation F......
-
Estate of Simon, In re
...the court found that appellees' appeal, of an attorney's fee award, was of benefit to the estate. See Clark v. Squire, Sanders & Dempsey, 495 So.2d 264 (Fla. 3d DCA 1986). Gastel contends appellees are not entitled to attorney's fees under section 733.609, Florida Statutes or section 733.10......
-
Schwartz, Gold & Cohen, P.A. v. Streicher
...also Cohen v. Cohen, 400 So.2d 463 (Fla. 4th DCA 1981); Cooper v. Cooper, 406 So.2d 1223 (Fla. 4th DCA 1981); Clark v. Squire, Sanders & Dempsey, 495 So.2d 264 (Fla. 3d DCA 1986). Appellant responds that all of the cases cited involve awards of attorney's fees against third parties and do n......