Public-domain · open source
OpenJurist

372 So. 2d 168

Docket No. 77-2034.

Mullane v. Lorenz

Maureen T. MULLANE and John J. Dunne, Appellants, v. Twylah M. LORENZ, Appellee.

District Court of Appeal of Florida

Decided June 13, 1979.

Rehearing Denied July 17, 1979.

District Court of Appeal of Florida · decided 1979-06-13

Key passage — most relied on by later courts

“the value of personal services is proven by expert witnesses.”

quoted by 1 later decision, including 820 So. 2d 967 - Island Hoppers, Ltd. v. Keith

Relies on 167 So. 2d 256 - Lyle v. Lyle · Lamar v. Lamar

Good law ✅— No negative treatment on recordhow we know

Decided 1979-06-13

How this case has been cited

Cited by 8 later decisions — most recently November 2014

8 state decisions

3019791980199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

¶1Victoria Wood Chulock, of Diaz-Asper, Chulock & Chulock, Coral Gables, for appellants.

¶2Donald A. Wich, Jr., of Sullivan, Cochran, Ranaghan, Bailey & Gleason, P.A., Pompano Beach, for appellee.

¶3LETTS, Judge.

¶4This case arises out of a mortgage foreclosure based on failure to pay taxes and insurance. The defendant filed an offer of judgment which was accepted leaving open only the question of "reasonable attorney's fees." The court awarded $4,000. We reverse.

¶5The problem in this case is that at the hearing on attorney's fees, no expert testimony was adduced other than from the lawyer himself claiming the fees. This is clearly inadequate as we held in Lamar v. Lamar,323 So.2d 43 (Fla. 4th DCA 1975). As was stated in Lyle v. Lyle,167 So.2d 256 (Fla. 2d DCA 1964),

We are not concerned with the amount of the fee, but with the manner in which it was awarded. The appellant lays much stress on the need for expert testimony in addition to the statement made by [his] wife's attorney and we agree with his contention.... Aside from the principle that the value of personal services *169 is proven by expert witnesses, the self-serving nature of the testimony given by the attorney who performs the services precludes the court from making an award based solely on his testimony. The evidence in this cause is insufficient to meet the foregoing requirements.

¶6Accordingly, the award of the attorney's fees is hereby reversed and this cause is remanded to the trial court for a further hearing thereon.

¶7The appellant's other contention, that the court had no basis to award any attorney's fees, is rejected. The appellant made an offer of judgment, which offer included "reasonable attorney's fees . . the amount of same to be determined by the court." This offer of judgment was duly accepted and the appellant may not now be heard to complain.

¶8REVERSED AND REMANDED IN ACCORDANCE HEREWITH.

¶9CROSS and MOORE, JJ., concur.

/372/so2d/168 · .json · Public domain