Saussy v. Saussy

Decision Date11 May 1990
Docket NumberNo. 88-03073,88-03073
Citation560 So.2d 1385
Parties15 Fla. L. Weekly D1312 Angela Marie SAUSSY, n/k/a Angela Marie Wilson, Appellant, v. Thomas W. SAUSSY, Appellee.
CourtFlorida District Court of Appeals

Catherine W. Real of Muga & Real, P.A., and Catherine M. Catlin of Garcia & Fields, P.A., Tampa, for appellant.

R. Ray Brooks, Tampa, for appellee.

PARKER, Judge.

Angela Marie Saussy, n/k/a Angela Marie Wilson (wife), appeals an order awarding her attorneys' fees for only one of her attorneys. We reverse.

The wife filed a motion for attorneys' fees for work performed in litigating a modification of the final judgment of dissolution pertaining to an increase in child support and the issue of visitation. The wife retained the law firm of Muga & Real, P.A. Catherine Real and several associates performed work on the matter. In support of the wife's motion, Real filed an affidavit which contained the following information: the total amount of fees incurred and the hourly rate billed for each attorney who worked on the case. Also attached to the motion was a summary of legal services provided which contained information detailing the activity performed and the date.

At the first hearing on the motion for attorneys' fees the wife presented testimony of an expert who testified that $15,408.50 was a reasonable fee. The expert then discussed each Rowe * factor, including testimony that the time expended was reasonable and necessary, that the hourly rate charged for each attorney was reasonable, and that he found no duplication of attorney time. The husband presented testimony of an expert who testified that the fees claimed were excessive, that the hours expended were excessive, and that the wife's efforts to fight the visitation were excessive. At the second hearing, which was a continuation of the first hearing, each time slip was admitted into evidence, showing the date, the attorney performing the work, the activity performed, and the time expended. The trial judge admitted the time slips into evidence as business records through the testimony of Mark Neumaier, an associate attorney with Muga & Real, P.A., who appeared on behalf of the law firm as custodian of the records.

To support a fee award, there must be the following: (1) evidence detailing the services performed and (2) expert testimony as to the reasonableness of the fee. Nivens v. Nivens, 312 So.2d 201 (Fla. 2d DCA 1975). The trial court, relying on the case of Wiley v....

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11 cases
  • Faircloth v. Bliss
    • United States
    • Florida Supreme Court
    • January 4, 2006
    ...evidence which must include evidence detailing the services performed and the reasonableness of the fee. See Saussy v. Saussy, 560 So.2d 1385, 1386 (Fla. 2d DCA 1990). As stated in Nants v. Griffin, 783 So.2d 363, 366 (Fla. 5th DCA 2001): The applicant should present records detailing the a......
  • Cooper v. Kahn
    • United States
    • Florida District Court of Appeals
    • June 9, 1992
    ...the child's interests and that no portion of that time involved efforts to collect a previously awarded fee. 2 Compare Saussy v. Saussy, 560 So.2d 1385 (Fla. 2d DCA 1990); Green v. Green, 230 So.2d 492 (Fla. 3d DCA 1970). Finally, the trial judge failed to set forth specific findings of fac......
  • Nants v. Griffin
    • United States
    • Florida District Court of Appeals
    • May 4, 2001
    ...must be evidence detailing the services performed and expert testimony as to the reasonableness of the fee. See Saussy v. Saussy, 560 So.2d 1385, 1386 (Fla. 2d DCA 1990). The applicant should present records detailing the amount of work performed and the time to perform each task. See Rowe,......
  • Georges v. Dep't of Health
    • United States
    • Florida District Court of Appeals
    • December 12, 2011
    ...evidence by the attorney performing the services and by an expert as to the value of those services. See Saussy v. Saussy, 560 So.2d 1385, 1386 (Fla. 2d DCA 1990); Seitlin & Co. v. Phoenix Ins. Co., 650 So.2d 624, 626–627 (Fla. 3d DCA 1994); Ashourian v. Ashourian, 519 So.2d 35, 36 (Fla. 1s......
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1 books & journal articles
  • Attorneys' fees and costs
    • United States
    • James Publishing Practical Law Books Florida Family Law and Practice - Volume 1
    • April 30, 2022
    ...no objection; that being so, any evidentiary objection was waived, and time reconstruction was properly before court); Saussy v. Saussy, 560 So. 2d 1385 (Fla. 2d DCA 1990) (all lawyers who performed services need not testify if there is sufficient evidence detailing services performed on be......

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