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595 So. 2d 230

Docket No. 91-2240.

Silva v. Hernandez

Jose V. SILVA and Alma E. Silva, Appellants, v. Serafin HERNANDEZ, Appellee.

District Court of Appeal of Florida

Decided March 3, 1992.

Rehearing Denied April 7, 1992.

District Court of Appeal of Florida · decided 1992-03-03

Relies on 514 So. 2d 351 - Crittenden Orange Blossom Fruit v. Stone · Hardcastle v. Mobley · Geraci v. Kozloski

Good law ✅— No negative treatment on recordhow we know

Decided 1992-03-03

How this case has been cited

Cited by 4 later decisions — most recently March 2010

4 state decisions

20199220002010decided

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.

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¶1Gonzalez & Vidal and Jorge L. Gonzalez, Coral Gables, for appellants.

¶2Michelle B. Alvarez, Coral Gables, for appellee.

¶3Before NESBITT, BASKIN and FERGUSON, JJ.

¶4PER CURIAM.

¶5We affirm the summary final judgment in favor of appellee. The trial court properly disregarded appellants' untimely affidavit. Hartford Accident & Indem. Co. v. Gillette,519 So.2d 1059 (Fla. 1st DCA 1988); Auerbach v. Alto,281 So.2d 567 (Fla. 3d DCA 1973); cert. denied,297 So.2d 31 (Fla. 1974); Hardcastle v. Mobley,143 So.2d 715 (Fla. 3d DCA 1962); contra Burton v. GOV Contracting Corp.,552 So.2d 293 (Fla. 2d DCA 1989).

¶6We reverse the award of attorney's fees, however. "[I]t is well settled that the testimony of an expert witness concerning a reasonable attorney's fee is necessary to support the establishment of the fee." Crittenden Orange Blossom Fruit v. Stone,514 So.2d 351 (Fla. 1987); see Hemmerle v. First Fed. Sav. & Loan Ass'n,338 So.2d 82 (Fla. 2d DCA 1976). Here, the record contains no testimony other than that of the attorney seeking the fees. An award of fees on that record is error. Palmetto Fed. Sav. & Loan Ass'n v. Day,512 So.2d 332 (Fla. 3d DCA 1987); Walker v. Kremer,382 So.2d 338 (Fla. 4th DCA 1980); Geraci v. Kozloski,377 So.2d 811 (Fla. 4th DCA 1979); Mullane v. Lorenz,372 So.2d 168 (Fla. 4th DCA 1979). The cause is remanded for the trial court to conduct a hearing on the attorney's fee issue.

¶7Affirmed in part; reversed in part.

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