Attorney Fee Review on Appeal


I understand attorney’s fee awards are somewhat technical.  What findings does the trial judge have to make for their attorney’s fee order to survive review on appeal?

In Florida, there are several findings that must be made by the trial court to support an award for attorney’s fees and costs.  A trial court’s award of attorney’s fees and costs is reversible in a final fee order unless there are findings concerning:

(1) the requesting party’s need for attorney’s fees

(2) the paying party’s ability to pay the other party’s fees 

(3) the hourly rate used in determining the attorney’s fee award

(4) the number of hours of attorney time forming the basis for the fee award 

(5) whether the hourly rate, time expended, and total fee award is reasonable.

If the aforesaid findings are not in the fee award, than you likely have the ability to appeal the award.  However, you should be cautioned that if there is evidence on the record to support the award the appeal might not accomplish much besides delaying the payment of attorney’s fees.. 

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