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528 So. 2d 80

Docket No. 87-2593.

Lanham v. Lanham

Charles E. LANHAM, Appellant, v. Beverly A. LANHAM, Appellee.

District Court of Appeal of Florida · decided 1988-07-06

Key passage — most relied on by later courts

“[I]n computing an attorney fee, the trial judge should (1) determine the number of hours reasonably expended on the litigation; (2) determine the reasonable hourly rate for this type of litigation; (3) multiply the result of (1) and (2) [“the lodestar amount”]; and, when appropriate, (4) adjust the fee on the basis of the contingent nature of the litigation or the failure to prevail on a claim or claims.”

quoted by 2 later decisions, including 548 So. 2d 712 - Frechter v. Frechter, 37 So. 3d 355 - Tullos v. Tullos

Relies on 472 So. 2d 1145 - Florida Patient's Compensation Fund v. Rowe · 485 So. 2d 879 - Boyle v. Boyle · 502 So. 2d 1349 - Shields v. Shields

Good law ✅— No negative treatment on recordhow we know

Decided 1988-07-06

How this case has been cited

Cited by 15 later decisions — most recently May 2015

15 state decisions

701988199020002010decided

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 →

¶1James C. McKenzie, Clearwater, for appellant.

¶2Richard C. Davis, Largo, for appellee.

¶3RYDER, Acting Chief Judge.

¶4Husband raises several points on appeal. We find merit in only one. Husband contends that the trial court erred when it determined the amount of attorney's fees to be awarded to wife. We agree.

¶5In Florida Patient's Compensation Fund v. Rowe, 472 So.2d 1145, 1151 (Fla. 1985), the Florida Supreme Court held:

[I]n computing an attorney fee, the trial judge should (1) determine the number of hours reasonably expended on the litigation; (2) determine the reasonable hourly rate for this type of litigation; (3) multiply the result of (1) and (2); and, when appropriate, (4) adjust the fee on the basis of the contingent nature of the litigation or the failure to prevail on a claim or claims. Application of the Disciplinary Rule 2-106 criteria in this manner will provide trial judges with objective guidance in the awarding of reasonable attorney fees and allow parties an opportunity for meaningful appellate review.

¶6In addition to considering the hourly rate, the number of hours expended on the case, and the "appropriateness of the reduction or enhancement figures," the trial court must "set forth specific findings as to these factors." Shields v. Shields, 502 So.2d 1349 (Fla. 2d DCA 1987); Boyle v. Boyle, 485 So.2d 879 (Fla. 2d DCA 1986).

¶7In the final judgment of dissolution of marriage in the case sub judice, the trial court ordered: "[H]usband shall pay wife's reasonable attorney's fees which shall be based upon her attorney's written schedule of time and services (which shall be furnished to opposing counsel) and a reasonable hourly rate for such services." By an amended final judgment of dissolution of marriage, the trial court ordered that wife's attorney "be and he is hereby awarded and allowed fees for his services to the Wife in the premises in the sum of $5,000.00... ." The trial court failed to set forth specific findings as to the Rowe factors.

¶8The record contains three affidavits pertaining to attorney's fees. The first affidavit is from wife's attorney indicating that he spent 64.5 hours on the case. The second affidavit is from an attorney who opined that $9,675.00 would be a reasonable attorney's fee. The third affidavit is from an attorney who states that $6,450.00 would be a reasonable attorney's fee.

¶9While the record contains sufficient evidence upon which the trial court could have based its award according to the Rowe criteria, the trial court erred in failing to set forth its specific findings. Shields; Boyle.

¶10Thus, we reverse and remand for a new hearing on attorney's fees, wherein the trial *81 judge must set forth his findings in accordance with Rowe.

¶11FRANK and PARKER, JJ., concur.

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