Nivens v. Nivens, 312 So. 2d 201 (Fla. 2d DCA 1975). · Go Syfert
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Nivens v. Nivens, 312 So. 2d 201 (Fla. 2d DCA 1975). Cases Citing This Book View Copy Cite
25 citation events (4 in the last 25 years) across 2 distinct courts.
Strongest positive: Charles Ruffenach v. Deutsche Bank National Trust Company, as Trustee for Ameriquest Mortgage Securities Inc., Asset- Backed Pass-Through Certificates Series 2005-R8, Raymond Lozano, Alili Rihkrand, Islebrook at Meadow Woods Homeowners' Association, Inc., Orange County, and Cit Financial, Inc. (fladistctapp, 2026-03-20)
Treatment trajectory · 1975 → 2026 · click a year to view as-of
1975 2000 2026
Top citers, strongest first. 8 distinct citers. How cited ↗
discussed Cited as authority (rule) Charles Ruffenach v. Deutsche Bank National Trust Company, as Trustee for Ameriquest Mortgage Securities Inc., Asset- Backed Pass-Through Certificates Series 2005-R8, Raymond Lozano, Alili Rihkrand, Islebrook at Meadow Woods Homeowners' Association, Inc., Orange County, and Cit Financial, Inc.
Fla. Dist. Ct. App. · 2026 · confidence medium
Lafferty v. Lafferty, 413 So. 2d 170, 171 (Fla. 2d DCA 1982). 4 245 (Fla. 3d DCA 1968); Lamar v. Lamar, 323 So. 2d 43, 44 (Fla. 4th DCA 1975); Nivens v. Nivens, 312 So. 2d 201, 202 (Fla. 2d DCA 1975); Mullane v. Lorenz, 372 So. 2d 168, 168 (Fla. 4th DCA 1979); Lee v. Gilbert, Silverstein & Hellman, P.A., 350 So. 2d 1147, 1147 (Fla. 3d DCA 1977); Cohen v. Cohen, 400 So. 2d 463, 465 (Fla. 4th DCA 1981).
discussed Cited "see" GIBSON, ESQ., LOFTUS, ESQ. v. U. S. BANK, N. A., FAIRCHILD
Fla. Dist. Ct. App. · 2024 · signal: see · confidence high
See Saussy v. Saussy, 560 So. 2d 1385, 1386 (Fla. 2d DCA 1990) (citing Nivens v. Nivens, 312 So. 2d 201, 202 (Fla. 2d DCA 1975)); accord Chandler, 224 So. 3d at 929 ; see also Rowe, 472 So. 2d at 1150 ("To accurately assess the labor involved [for purposes of determining the number of hours reasonably expended on the case], the attorney fee applicant should present records detailing the amount of work performed."); Black Point Assets, 236 So. 3d at 1136 ("Competent evidence includes invoices, records[,] and other information detailing the services provided as well as the testimony from the att…
cited Cited "see" Clinard v. Clinard
Fla. Dist. Ct. App. · 1985 · signal: see · confidence high
See Nivens v. Nivens, 312 So.2d 201 (Fla. 2d DCA 1975).
cited Cited "see" Nolin v. Nolin
Fla. Dist. Ct. App. · 1985 · signal: see · confidence high
See Nivens v. Nivens, 312 So.2d 201 (Fla. 2d DCA 1975); Pearce v. Pearce, 363 So.2d 1146 (Fla. 2d DCA 1978); Medina v. Medina, 461 So.2d 1028 (Fla. 5th DCA 1985); rule 1.530(a), Fla.R.Civ.P.
cited Cited "see" Snider v. Snider
Fla. Dist. Ct. App. · 1979 · signal: see · confidence high
See Nivens v. Nivens, 312 So.2d 201 (Fla. 4th DCA 1975).
cited Cited "see" Leader Mortg. Co. v. RICKARDS ELEC. SERVICE
Fla. Dist. Ct. App. · 1977 · signal: see · confidence high
See for example, Florida Silica Sand Co. v. Parker, 118 So.2d 2 (Fla. 1960), and Nivens v. Nivens, 312 So.2d 201 (Fla. 2nd DCA 1975).
cited Cited "see, e.g." Cohen v. Cohen
Fla. Dist. Ct. App. · 1981 · signal: see also · confidence low
See also Nivens v. Nivens, 312 So.2d 201 (Fla. 2d DCA 1975).
cited Cited "see, e.g." Stone v. Stone
Fla. Dist. Ct. App. · 1977 · signal: see, e.g. · confidence low
See, e. g., Nivens v. Nivens, 312 So.2d 201 (Fla.2d DCA 1975); Lyle v. Lyle, 167 So.2d 256 (Fla.2d DCA 1964).
Retrieving the full opinion text from the archive…
James Frank NIVENS, Appellant,
v.
Sharon Lee NIVENS, Appellee.
74-883.
District Court of Appeal of Florida, Second District.
Apr 9, 1975.
312 So. 2d 201
Per Curiam.
Cited by 22 opinions  |  Published

[*202] Norman K. Schwarz, 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 and the reasonableness of the value therefor.

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