Lamar v. Lamar

WALDEN, Chief Judge.

Husband appeals from a modification order entered after a final dissolution. We agree with husband’s contention that the trial court should not have ordered him to pay $1,445 for wife’s attorney fees based only upon her counsel’s affidavits of work done and fees charged. In Ortiz v. Ortiz, 211 So.2d 243 (3d DCA Fla.1968), the court noted:

“. . . a chancellor may not fix attorney’s fees without expert testimony. Lyle v. Lyle, Fla.App.1964, 167 So.2d 256; Thoni v. Thoni, Fla.App.1965, 179 So.2d 420.” Id. at 245.

The attorney fees should not have been awarded without testimony…