Posted by Nydia Streets of Streets Law in Florida Divorce

What are some things a court considers when awarding attorney’s fees and costs to a party in a Florida divorce case? One consideration is the reasonableness of the fee amount claimed by an attorney and the number of hours spent by the attorney on certain tasks. This was an issue in the case Haskell v. Haskell, 2D21-214 (Fla. 2d DCA January 21, 2022).

The former wife sought enforcement of her final judgment of divorce. As part of this enforcement, she incurred attorney’s fees and costs. The trial court did not award her a majority of the attorney’s fees and costs she incurred, and she appealed, arguing this was error because no findings supported the denial of these fees and costs.

The appellate court agreed and reversed, holding “The court ultimately awarded the Former Wife approximately one-third of her requested fees—a reduction of more than $100,000 even after subtracting the appraisal-related expenses. Considering the factors set forth in Florida Patient's Compensation Fund v. Rowe, 472 So. 2d 1145, 1150–51 (Fla. 1985), the court found reasonable the hourly rates charged by the Former Wife's law firm and accounting firm but significantly cut the number of hours that each averred in their affidavits to have reasonably expended. [internal citation omitted]. The trial court did not explain the basis for this significant further reduction in the requested number of hours; nor can we discern the basis from the record without resorting to speculation. Accordingly, we reverse and remand for the court to enter an order that includes specific findings that support its award.”

Schedule a consultation with a Miami family law lawyer to understand how the law may apply to your case.