Lyle v. Lyle
| Citation | 167 So.2d 256 |
| Decision Date | 02 September 1964 |
| Docket Number | No. 4554,4554 |
| Parties | George L. LYLE, Jr., Appellant, v. Johnnie M. LYLE, Appellee. |
| Court | Court of Appeal of Florida (US) |
Walter W. Manley, Lakeland, for appellant.
Tomasello & Campbell, Bartow, for appellee.
This cause is reversed and remanded solely on the question of the atrorney fee allowed the wife's attorney. We are not concerned with the amount of the fee, but with the manner in which it was awarded. The appellant lays much strees on the need for expert testimony in addition to the statement made by the wife's attorney and we agree with his contention.
To put the question in its proper perspective we quote directly from a statement by the late Justice Glenn Terrell in Baruch v. Giblin, 122 Fla. 59, 164 So. 831:
. (emphasis added)
Nothing tends to quicken the pulse of the members of the bar faster than a good discussion on fees. Such discussions generally are spirited and lively, direct and to the point, and preponderate on the positive side rather than the negative. Lawyers can disagree on almost any subject to be mentioned but on the question of fees they usually stand united. Few laywers practice law for pleasure; very few can afford to, and the subject of fees is rightfully of universal interest to the bar but the subject is often neglected and taken for granted despite its importance to those who earn their daily living in court.
In all litigation involving professional fees proof is required of the nature of, and the necessity for, the services rendered, and the reasonableness of the charge made therefor. In this respect the legal profession stands on the same plane with...
To continue reading
Request your trial
-
Plath v. Schonrock, 99-705.
...the fundamental rules of evidence. An award of fees, like any other award, must be based on competent evidence. See Lyle v. Lyle (Fla.App.1964), 167 So.2d 256, 257. Furthermore, the proper determination of a legal fee is central to the efficient administration of justice and the maintenance......
-
Lystarczyk v. Smits
...rendered and the reasonableness of the charge made. 11 Deatherage v. Walker (1980), Ala.Civ.App., 387 So.2d 845, 847; Lyle v. Lyle (1964), Fla.App., 167 So.2d 256, 257; State, By and Through State Highway Commission v. Marsh (1978), 175 Mont. 460, 575 P.2d 38, 43; Trudel v. Trudel (1980), 4......
-
Valparaiso Bank & Trust Co. v. Sims
...compensation by his client. That question is primarily a matter of contract and is only secondarily of public concern. Lyle v. Lyle, 167 So.2d 256 (Fla.2d DCA 1964). But that element should have little or no influence on the amount of indemnity to be paid by one spouse to another on account......
-
Travieso v. Travieso
...behalf as to a reasonable attorney's fee (and that is the only way such fee can be awarded because of judicial holdings, Lyle v. Lyle, 167 So.2d 256, 257 (Fla. 2nd DCA), cert. denied, 172 So.2d 601 (1964)), the deputy commissioner could not tax as costs an expert witness fee, thus, in effec......
-
Is expert testimony really needed in attorneys' fees litigation? Island Hoppers' call for change and other ways to reduce the burdens of fees hearings.
...that: this practice [of requiring testimony of expert fees witnesses] has existed since at least the 1960s. See, e.g., Lyle v. Lyle, 167 So. 2d 256 (Fla. 2d DCA 1964). Yet, we note as our profession matures and evolves, as it has over the past forty years, and continues to do so, our trial ......
-
The rising cost of discovery from expert witnesses: problems and solutions.
...not arise until just before (or after) the deposition. The current status of the law, as recited by the Second District in Lyle v. Lyle, 167 So. 2d 256, 257 (Fla. 2d DCA 1964), is that each situation is decided on its own merits, and that there is no formula of how an expert should be In al......