TRIBBLE v. L. O. – B., Appellee. (2021)

Tarya Tribble appeals a final judgment ordering her to pay attorney fees and costs as a sanction under section 57.105, Florida Statutes (2019), in the underlying paternity action. We affirm without comment as to entitlement; however, because this court has held that it is reversible error to (1) fail to include specific findings regarding the number of hours reasonably expended and the reasonableness of the hourly rate and (2) to include an award of costs in the amount of attorney fees awarded, we reverse on those bases.

Tribble served as the mother's counsel in the underlying paternity action. Following issues related to the scheduling of a final hearing on time sharing and parental responsibility, the trial court entered an order granting sanctions against Tribble and awarded the father an entitlement to reimbursement of his reasonable attorney fees and costs. Tribble argues that the trial court erred in determining the amount of attorney fees to be awarded. We agree.

[I]n computing an attorney fee, the trial judge should (1) determine the number of hours reasonably expended on the litigation; (2) determine the reasonable hourly rate for this type of litigation; (3) multiply the result of (1) and (2); and, when appropriate, (4) adjust the fee on the basis of the contingent nature of the litigation or the failure to prevail on a claim or claims.

Fla. Patient's Comp. Fund v. Rowe, 472 So. 2d 1145, 1151-52 (Fla. 1985).

In order to award attorney fees, a trial court must make specific findings regarding the number of hours reasonably expended and the reasonableness of the hourly rate charged. Harris v. McKinney, 20 So. 3d 400, 403 (Fla. 2d DCA 2009); Markovich v. Markovich, 974 So. 2d 600, 601 (Fla. 2d DCA 2008) (“Absent specific written findings regarding the basis for determination of the amount awarded, we are compelled to reverse and remand for further proceedings.”). Here, although the trial court noted that it considered a list of factors, it did not make specific findings regarding the number of hours reasonably expended and the reasonableness of the hourly rate charged. This was error.

Furthermore, Tribble argues that the trial court improperly included an award of expert witness fees. We agree. The plain language of section 57.105(1) dictates that the sanction permitted does not include costs but rather is an award of attorney fees only. In re Estate of Assimakopoulos, 228 So. 3d 709, 713 (Fla. 2d DCA 2017). Because “expert witness fees are taxed as costs,” the trial court's order awarding attorney fees and costs to the father must be reversed to the extent that it purports to award $1500 in expert witness fees. See id.; see also Travieso v. Travieso, 474 So. 2d 1184, 1186 (Fla. 1985) (“[E]xpert witness fees ․ may be taxed as costs for a lawyer who testifies as an expert as to reasonable attorney's fees.”).

Affirmed in part, reversed in part, and remanded.

SLEET, Judge.

SILBERMAN and VILLANTI, JJ., Concur.