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Attorney’s Fee Award

An award of attorney’s fees to a party in a matrimonial proceeding must meet the specific requirements of F.S. 61.16, Fla. Patient’s Comp. Fund. V. Rowe, 472 So.2d 1145 (Fla. 1985) and other legal precedent. Recently, Florida’s First District Court of Appeal reversed an award of attorney’s fees to the Wife, in Robert Mitchell v. Cynthia Mitchell, 2014 WL 2751058 (Fla. App. 1 Dist.). In this case, the appellate court found that the Trial Court erred in its award of attorney’s fees to the Wife, because the Trial Court failed to comply with Section 61.16 of the Florida Statutes (2013). When a Trial Court makes and award of attorney’s fees, there must be an explicit and stated finding as to the attorney’s hours expended, hourly rate and reasonableness of the fee.

Absent the requisite and specific findings, an award of attorney’s fees is considered error, even if there is competent, substantial evidence to support the award. Understanding the requirements for the Court to award the relief you are requesting is important, if you want to be successful in your case. The expert family law attorneys at Sidweber and Weintraub, P.A. are specialists in dealing with family law issues, and they can advise you as to the relief available to you in your particular case and corresponding requirements to ensure compliance.

For more information on issues pertaining to Florida family law, divorce, property distribution, child support, timesharing/custody, modification, enforcement and alimony cases, please call a Board Certified Attorney at Sidweber and Weintraub, P.A., for a consultation.