Mitchell v. Mitchell, 94 So. 3d 706 (Fla. 4th DCA 2012). · Go Syfert
Mitchell v. Mitchell, 94 So. 3d 706 (Fla. 4th DCA 2012). Cases Citing This Book View Copy Cite
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An order awarding attorney's fees must contain express findings regarding the number of hours reasonably expended and the reasonable hourly rate for the type of litigation involved.

In a guardianship proceeding where a co-guardian contested a petition for compensation, the trial court issued a global order granting attorney's fees and costs. The court must determine whether the order is sufficient when it lacks specific findings. An order awarding attorney's fees must be supported by substantial competent evidence and contain express findings regarding the number of hours reasonably expended and the reasonable hourly rate for the type of litigation involved. Because the trial court failed to specify the basis for the fees, the hours worked, the hourly rate, or the reason for specific fee reductions, the order is insufficient.

9 citation events (9 in the last 25 years) across 1 distinct court.
Cited for
At page 707 Requirements for awarding attorney's fees4 citing cases
  • Hosanna Cmty. Baptist Church, Inc. v. 24 HR Air Serv., Inc., 347 So. 3d 428 (Fla. 3d DCA 2022).published
    Following our review of the arguments raised by the Church on appeal, we conclude that (1) the trial court, as conceded by the Contractor, erred by disregarding, without justification, the parties’ stipulation as to the reasonable number o…
  • Reginald Hicks v. Sharon Hicks, 284 So. 3d 576 (Fla. 4th DCA 2019).published
    We agree. 2 “A trial judge’s decision to impose sanctions for bad faith litigation conduct is reviewed under an abuse of discretion standard.” Bennett v. Berges, 50 So. 3d 1154, 1159 (Fla. 4th DCA 2010). “[A]n award of attorney’s fees must…
  • Brenda Forman v. Howard C. Forman, 288 So. 3d 697 (Fla. 4th DCA 2019).published
    “It is well-settled that an award of attorney’s fees must be supported by substantial competent evidence and contain express findings regarding the number of hours reasonably expended and a reasonable hourly rate for the type of litigation…
  • Donovan Marine, Inc. v. Daniel Delmonico, 174 So. 3d 534 (Fla. 4th DCA 2015).published
    While a trial court has broad discretion when determining the reasonable amount of attorney hours expended, “it is well-settled that an award of attorne jfs fees must be supported by substantial competent evidence and contain express findi…
At page 708 ply with the requirement that the court make express findings regarding the number of hours reasonably expended and a reasonable hourly rate for the type of…2 citing casesopening of page *708 (no citing court says what it cites this page for)
  • Mark Spanakos v. Hawk Sys., Inc., 362 So. 3d 226 (Fla. 4th DCA 2023).published
    However, the mere fact that multiple lawyers collaborated on a particular task “does not necessarily mean that their work was duplicative.” Mitchell v. Mitchell, 94 So. 3d 706, 708 (Fla. 4th DCA 2012).
  • Certain Underwriters at Lloyd's London v. Roniel Candelaria, 339 So. 3d 463 (Fla. 3d DCA 2022).published
    Co., 322 So. 3d 184 , 5 We do not foreclose the possibility of a scenario in which the trial court may properly apply an across-the-board reduction following an examination of all the timesheets and disputed entries, where such a reduction…
Retrieving the full opinion text from the archive…
Ronald MITCHELL as Co-Guardian of the Person and Property of Joseph P. Mitchell
v.
Mary MITCHELL as Co-Guardian of the Person and Property of Joseph P. Mitchell
No. 4D11-2572.
District Court of Appeal of Florida, Fourth District.
Aug 15, 2012.
Published opinion
94 So. 3d 706
2012 WL 3329204
2012 Fla. App. LEXIS 13546
Brian M. O’Connell and Ashley N. Giro-lamo of Casey Ciklin Lubitz Martens & O’Connell, West Palm Beach, for appellant., No appearance for appellee.
Stevenson, Taylor, Warner.
Cited by 6 opinions  |  Published
Pinpoint authority: bottom 67%
Citer courts: Nevada Supreme Court (5)
TAYLOR, J.

This appeal concerns an order granting attorney’s fees and costs incurred in guardianship proceedings wherein the father/co-guardian contested the mother/co-guardian’s petition for compensation and additional monies for the care of their disabled adult son/ward. We agree with the father that the trial court’s “global order” on attorney’s fees and costs must be reversed because the order fails to set forth (1) the basis for the fees awarded and those not awarded, (2) express findings regarding the number of hours reasonably expended, and (3) express findings regarding the reasonable hourly rate for the type of litigation involved.

It is well-settled that an award of attorney’s fees must be supported by substantial competent evidence and contain express findings regarding the number of hours reasonably expended and a reasonable hourly rate for the type of litigation involved. See Simhoni v. Chambliss, 843 So.2d 1036, 1037 (Fla. 4th DCA 2003); see also Fla. Patient’s Comp. Fund v. Rowe, 472 So.2d 1145 (Fla.1985). These requirements are mandatory. Guardianship of Halpert v. Rosenbloom, 698 So.2d 938, 939 (Fla. 4th DCA 1997). Moreover, it is improper to “reverse engineer” the required findings based upon a lump sum award of fees. See Bennett v. Berges, 50 So.3d 1154, 1160 (Fla. 4th DCA 2010); but compare Blits v. Renaissance Cruises, Inc., 647 So.2d 971, 972 (Fla. 4th DCA 1994) (holding that reversal was not required, despite the lack of findings in the written order, where the trial court stated on the record that it would award $11,250 and that it derived this number by multiplying seventy-five hours times $150 an hour).

Here, the trial court’s order contains insufficient findings; it does not com[*708]ply with the requirement that the court make express findings regarding the number of hours reasonably expended and a reasonable hourly rate for the type of litigation involved. Furthermore, the trial court’s order fails to explain the basis for a reduction in fees which the court determined was for “multiple lawyers on the same matter.” While this reduction may have been warranted, the trial court should make a specific finding explaining which work was duplicative. The mere fact that both a partner and an associate appeared at a particular proceeding does not necessarily mean that their work was duplicative.

Although the trial court utilized the correct legal standard in concluding that the legal services must be beneficial to the ward to be compensable, see § 744.108, Fla. Stat. (2010), Thorpe v. Myers, 67 So.3d 338, 345 (Fla. 2d DCA 2011), on remand, the trial court should make a specific finding as to which fees and costs were non-compensable on this ground. The trial court’s conclusion that only 60% of the services of the father’s attorneys benefitted the ward was not supported by any specific findings. In short, “[t]he circuit court’s order must set forth the basis for the award, including the hours determined to be compensable, the hourly rate, and the other factors considered in arriving at the award.” Id. at 346. Additionally, as appellant points out, the order failed to itemize the costs allowed. On remand, the trial court “must also itemize the costs allowed.” Id.

Reversed and Remanded.

WARNER and STEVENSON, JJ„ concur.