You can appeal a judge imposing a temporary relief order such as awarding temporary custody or attorneys fees in your Florida Divorce or Custody Case.
There was no testimony on attorney’s fees at the temporary relief hearing but the judge still ordered me to pay my former spouse’s lawyer. Can I appeal this decision?
Yes, and you should. There are several appellate decisions stating that testimony that an attorney’s fee request was “reasonable” must be put on at the fee hearing or the fee award must be reversed. It is not enough to simply put timesheets into evidence.
Temporary relief hearings are short and require the attorney to be well versed in time management. Sometimes, attorneys run out of time to present the appropriate evidence at a temporary relief hearing or are otherwise rushed. When this happens, there may well be an avenue to appeal.
Furthermore, strategically, an appeal in this situation might help end the case, especially if the other lawyer has appeared motivated to drag out the case for purposes of milking the client for a large fee. If you shatter the hopes of such an unscrupulous attorney you might find the case over sooner rather than later.
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