Keith Miller and Gretchen Miller v. The Bank of New York Mellon, etc.
This text of 149 So. 3d 1198 (Keith Miller and Gretchen Miller v. The Bank of New York Mellon, etc.) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Keith and Gretchen Miller appeal a final judgment of foreclosure awarding attorney’s fees to the Bank of New York Mellon. We reverse because the attorney’s fees award was not supported by expert testimony. See Diwakar v. Montecito Palm Beach Condo. Ass’n, 143 So.3d 958, *1199 960 (Fla. 4th DCA 2014) (“An award of attorney’s fees must be supported by expert evidence.”) (citation omitted). Testimony from only the lawyer claiming the fees is “clearly inadequate.” Mullane v. Lorenz, 372 So.2d 168, 168 (Fla. 4th DCA 1979). Although “[w]e have ... previously questioned the judicially-created requirement of independent expert witness testimony in establishing the reasonableness of attorney’s fees,” “it remains etched in our case law.” Robin Roshkind, P.A. v. Machiela, 45 So.3d 480, 481 (Fla. 4th DCA 2010). See also Sea World of Fla., Inc. v. Ace Am. Ins. Cos., 28 So.3d 158, 160 (Fla. 5th DCA 2010); Palmetto Fed. Sav. & Loan Ass’n v. Day, 512 So.2d 332 (Fla. 3d DCA 1987). Accordingly, we reverse the attorney’s fees award and remand for a further hearing. See Mullane, 372 So.2d at 168; Palmetto, 512 So.3d at 332-33. We affirm the other issues raised without discussion.
Affirmed in part, reversed in part, and remanded.
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149 So. 3d 1198, 2014 Fla. App. LEXIS 18084, 2014 WL 5613218, Counsel Stack Legal Research, https://law.counselstack.com/opinion/keith-miller-and-gretchen-miller-v-the-bank-of-new-york-mellon-etc-fladistctapp-2014.