Lee v. Gilbert, Silverstein & Hellman, P. A., 77-3

Decision Date25 October 1977
Docket NumberNo. 77-3,77-3
Citation350 So.2d 1147
PartiesJoan V. LEE et al., Appellants, v. GILBERT, SILVERSTEIN & HELLMAN, P. A., Appellee.
CourtFlorida District Court of Appeals

Jerry B. Schreiber, Miami, for appellants.

Gilbert, Silverstein & Hellman and Maynard J. Hellman, Miami, for appellee.

Before HENDRY, C. J., and NATHAN and HUBBART, JJ.

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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5 cases
  • Feldman v. Feldman
    • United States
    • Florida District Court of Appeals
    • 9 December 1980
    ...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 & Hellman, 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......
  • Plescow v. Gulf States Zayre, Inc., 77-593
    • United States
    • Florida District Court of Appeals
    • 25 October 1977
  • IN RE FLORCAR, INC.
    • United States
    • U.S. Bankruptcy Court — Southern District of Florida
    • 18 January 1982
    ...where it is settled that a trial court may not, over objection, award fees in the absence of expert testimony. Lee v. Gilbert, Silverstein & Hellman, Fla.App. 1977, 350 So.2d 1147. Expert testimony is not necessary in this court. Matter of First Colonial Corp. of America, 5 Cir. 1977, 544 F......
  • Alexander Muss and Sons, Inc. v. Nelson, 78-561
    • United States
    • Florida District Court of Appeals
    • 23 January 1979
    ...must be reversed upon authority of the rule set forth in Flournoy v. Smith, 84 Fla. 553, 94 So. 503 (1922); Lee v. Gilbert, Silverstein and Hellman, 350 So.2d 1147 (Fla. 3d DCA 1977); and Lyle v. Lyle, 167 So.2d 256 (Fla. 2d DCA The judgment is affirmed except for that portion allowing an a......
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