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Florida Second DCA reverses award of attorney's fees to party for unsupported claim by party opponent, finding insufficient evidence of rate and reasonableness of attorney's fees

On August 30, 2017, in Chandler v. KCCS, Inc., No. 2D16-3091, the Florida Second DCA reversed a trial court’s award of attorney’s fees to a party under section 57.105(1), Florida Statutes, which allows the prevailing party to move for the award of such fees if the losing party’s attorney knew or should have known that a claim or defense was not supported by the facts or the law. The Second DCA concluded that the award of fees was appropriate, but remanded the case for further fact finding because the only evidence detailing the work completed by the attorney consisted of an affidavit and related documents that were neither introduced into evidence nor stipulated to at the hearing. Quoting from Saussy v. Saussy, 560 So. 2d 1385, 1386 (Fla. 2d DCA 1990), the Court opined that "[t]o support a fee award, there must be the following: (1) evidence detailing the services performed and (2) expert testimony as to the reasonableness of the fee." Because there was some competent evidence supporting the award, the Court concluded that the issue should be remanded for further fact finding. See Colson v. State Farm Bank, F.S.B., 183 So. 3d 1038, 1040 (Fla. 2d DCA 2015) ("[W]here the record includes some evidence supporting the fee . . . award, this court may remand for further proceedings