Posted by Nydia Streets of Streets Law in Florida Family Law Procedure

Attorney’s fees can be awarded to a spouse in a Florida divorce case based on the relative financial status of the spouses. The spouse who is the higher earner may be ordered to pay attorney’s fees for the lower-earning spouse. This was an issue in the case Feliz v. Negron-Chavez, 2D2023-1241 (Fla. 2d DCA August 9, 2024).

The former wife in this divorce case was awarded attorney’s fees and costs from the former husband. The former husband appealed on the basis that the court did not make findings as to the reasonableness of the hourly rate and total number of hours expended by the former wife’s counsel.

The appellate court noted “‘It is . . . well established that the trial court must set forth specific findings concerning the hourly rate, the number of hours reasonably expended and the appropriateness of reduction or enhancement factors.’ Hoffay v. Hoffay, 555 So. 2d 1309, 1310 (Fla. 1st DCA 1990). "The number of hours reasonably expended . . . multiplied by a reasonable hourly rate . . . produces the lodestar, which is an objective basis for the award of attorney fees.’ Fla. Patient's Comp. Fund v. Rowe, 472 So. 2d 1145, 1151 (Fla. 1985). And ‘[t]he presence of competent substantial evidence to support the award does not obviate the need for such specific findings.’ Hoffay, 555 So. 2d at 1310. ‘[A]n order which fails to set forth the specific findings required by Rowe is fundamentally erroneous on its face.’ Voronin v. Voronina, 995 So. 2d 1049, 1050 (Fla. 2d DCA 2008).”

The court held “Here, the court made a commendable effort in its order to set forth in great detail the facts relevant to the required Rowe factors. The court then accepted the numbers provided by the Former Wife as to the different hourly rates for each attorney and the total amount the entire firm billed in each statement. But unfortunately, the court did not specify the number of hours it found to be reasonably expended at each of the various hourly rates. This was a necessary part of its calculation of the final amount. Because the court's findings fall short of the very specific findings required under the case law, regrettably we are constrained to reverse and remand for the trial court to make additional, specific findings to support its award.”

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