Attorney’s Fees Flashcards
What specific findings must the court make in awarding attorney’s fees?
In awarding attorneys fees, the trial court must make specific findings as to
1) hourly rate
2) # of hours reasonably expended; and
3) the appropriateness of reduction or enhancement factors
Fla. Patient’s Comp Fund v. Rowe
There is competent substantial evidence to support the attorney fees award but the court failed to make the requesite findings. Is this error?
Yes. An award of attorneys fees without the requisite findings is error even if there is competent substantial evidence to support the award.
If the equitable distribution scheme results in the parties having equal abilities to pay fees, can the court award fees?
No. It is an abuse of discretion to award fees if the equitable distribution scheme places the parties in substantially the same financial positions with equal abilities to pay attorneys fees, it is an abuse of discretion to award fees to one spouse.
Can parties agree to waive the right to seek attorney’s fees where the issue being litigated involves a determination as to the best interests of the children?
No. The trial court has the discretion to award attorney’s fees and costs pursuant to 61.16, notwithstanding any agreement between the parties purporting to prospectively waive the right to seek an award of attorney’s fees and costs.
Bernstein- if parents cannot contract away a court’s ability to act in the best interests of the children , then they cannot contract away one party’s ability to obtain an advocate to see that the full story is developed in a child related proceeding.
What does the decision of C.T. v. T.G. discuss?
Whether attorney’s fees and costs can be awarded under 742.045 for appellate proceeding. The 6th DCA certified the conflict as to whether the court can award fees for an appeal in a paternity case. Note, the language in 61.16 specifically states “and appeals” while the language in 742.045 does not.
What must a movant show to obtain fees pursuant to 57.105?
- the losing party or the losing party’s attorney knew or should have known that a claim or defense when initially presented to the court or any time before trial:
- was not supported by the material facts necessary to establish a claim or defense; or
- would not be supported by the application of then-existing law to those material facts.
*must be supported by competent, substantial evidence
If a court determines that fees are excessive in a proceeding for fees pursuant to 61.16, does that bar the attorney from recovering fees from his or her own client pursuant to their retainer agreement?
No, the decision whether to award or not award fees under 61.16 has no bearing on counsel’s contractual rights under the contract with his or her client.
