Benitez v. Benitez, 337 So. 2d 408 (Fla. 4th DCA 1976). · Go Syfert
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Benitez v. Benitez, 337 So. 2d 408 (Fla. 4th DCA 1976). Cases Citing This Book View Copy Cite
11 citation events (4 in the last 25 years) across 1 distinct court.
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)
Top citers, strongest first. 2 distinct citers.
cited 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
See Wilson v. Wilson, 362 So. 2d 1030, 1030 (Fla. 3d DCA 1978); Mullane, 372 So. 2d at 168–69; Benitez v. Benitez, 337 So. 2d 408, 409 (Fla. 4th DCA 1976).
cited Cited "see, e.g." Wilson v. Wilson
Fla. Dist. Ct. App. · 1978 · signal: see, e.g. · confidence low
See, e. g., Benitez v. Benitez, 337 So.2d 408 (Fla.4th DCA 1976); and Ortiz v. Ortiz, 211 So.2d 243 (Fla.3d DCA 1968).
Jesus BENITEZ, Appellant,
v.
Rafaela BENITEZ, Appellee.
75-940.
District Court of Appeal of Florida, Fourth District.
Sep 24, 1976.
337 So. 2d 408
Per Curiam.
Cited by 7 opinions  |  Published

[*409] Robert T. Gilligan of Black & Gilligan, Dania, for appellant.

Norman D. Zimmerman, Pompano Beach, for appellee.

PER CURIAM.

We have considered the points raised by this appeal and find no error except in the award of attorney's fee. The trial court's award of $1,750.00 to appellee's attorney was done without proper evidence to support the fee awarded. The only evidence was the testimony of appellee's attorney and his invoice for services. Whatever amount is fixed as attorney's fees in a divorce action must be supported by competent substantial evidence. Ortiz v. Ortiz, 211 So.2d 243 (Fla.3d DCA 1968). The self-serving nature of testimony given by an attorney who performed services for which an attorney's fee is sought, precludes the court from making an award based solely on that attorney's testimony. Lyle v. Lyle, 167 So.2d 256 (Fla.2d DCA 1964).

The portion of the final judgment awarding $1,750.00 attorney's fee to appellee's attorney is reversed and the case remanded for further proceedings consistent with this opinion. The remainder of the final judgment is affirmed.

MAGER, C.J., ALDERMAN, J., and WILLIAMS, W.C., III, Associate Judge, concur.