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Nivens v. Nivens

Document Cited authorities 1 Cited in 21 Precedent Map Related
Decision Date07 March 1975
Docket NumberNo. 74--883,74--883
Citation312 So.2d 201
PartiesJames Frank NIVENS, Appellant, v. Sharon Lee NIVENS, Appellee.
CourtFlorida District Court of Appeals

Page 201

312 So.2d 201

James Frank NIVENS, Appellant, v. Sharon Lee NIVENS, Appellee.

No. 74--883.

District Court of Appeal of Florida, Second District.

March 7, 1975.

On Rehearing April 9, 1975.

Norman K. Schwartz, Miami Beach, for appellant.

Sharon Lee Nivens, pro se.

PER CURIAM.

Affirmed.

BOARDMAN, Acting C.J., SCHEB, J., and SCHWARTZ, ALAN R., Associate Judge, concur.

ON PETITION FOR REHEARING

SCHEB, Judge.

Upon Petition for Rehearing appellant contends the trial court did not receive evidence as to: (1) appellant's ability to pay attorneys' fees, (2) appellee's need to have her attorneys compensated, and (3) the reasonableness as to the amount of attorneys' fees. While the record discloses sufficient evidence in the form of the parties' financial affidavits and testimony before the trial court as to items (1) and (2), nevertheless, the record is insufficient as to item (3) in that it does not disclose any testimony detailing the services performed by appellee's counsel or any expert testimony as to the reasonableness of such fees. Such evidence must be adduced, else the court is without authority to make an award. See Lyle v. Lyle, Fla.App.2d 1964, 167 So.2d 256.

Accordingly on petition for rehearing we adhere to our previous decision affirming, except on the question of the award of attorney's fees in the amount of $750 and as to such award we reverse and remand to the trial court for the purpose of receiving evidence of the services rendered by appellee's counsel...

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19 cases
  • Morgan v. South Atlantic Production Credit Ass'n
    • United States
    • Florida District Court of Appeals
    • July 13, 1988
    ...v. Barnett Bank of Lakeland, 341 So.2d 545 (Fla. 2d DCA 1977); Benitez v. Benitez, 337 So.2d 408 (Fla. 4th DCA 1976); Nivens v. Nivens, 312 So.2d 201 (Fla. 2d DCA 1975). In a factual scenario somewhat analogous to the situation in this case, the Fourth District Court of Appeal The final jud......
  • Mercy Hosp., Inc. v. Johnson
    • United States
    • Florida District Court of Appeals
    • May 10, 1983
    ...his claim. In re Estate of Lopez, 410 So.2d 618 (Fla. 4th DCA 1982); Cohen v. Cohen, 400 So.2d 463 (Fla. 4th DCA 1981); Nevins v. Nevins, 312 So.2d 201 (Fla. 2d DCA 1975). The opinion of an expert witness does not constitute proof that the facts necessary to support the conclusion exist. Ar......
  • Glades, Inc. v. Glades Country Club Apartments Ass'n, Inc.
    • United States
    • Florida District Court of Appeals
    • October 5, 1988
    ...fee of "at least $150,000." See Good Samaritan Hospital Ass'n, Inc. v. Saylor, 495 So.2d 782, 784 (Fla. 4th DCA 1986); Nivens v. Nivens, 312 So.2d 201 (Fla. 2d DCA 1975). We now address defendant's contention on appeal that the lodestar figure should have been enhanced based upon the amount......
  • Cohen v. Cohen
    • United States
    • Florida District Court of Appeals
    • January 14, 1981
    ...testifying as to his services although Lyle v. Lyle, supra, expressly recognizes such to be the practice. See also Nivens v. Nivens, 312 So.2d 201 (Fla. 2d DCA 1975). Appellee points out that in Fatolitis v. Fatolitis, 271 So.2d 227 (Fla. 2d DCA 1973), the expert was apparently the only wit......
    • Request a trial to view additional results

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