Opinion
No. 90-134.
October 11, 1990.
Appeal from the Circuit Court for Hernando County; John P. Thurman, Judge.
Steven Herman, P.A., Zephyrhills, for appellant.
John M. Keller of Merrit Mason, P.A., Brooksville, for appellee.
The order appealed, awarding $100.00 to the wife as attorneys fees for enforcement of the child support obligations of the husband, is reversed. This award was made without the required hearing or findings that would warrant an award of such a small percentage of the fees incurred. See, e.g., Bachman v. Bachman, 566 So.2d 19 (Fla. 4th DCA 1990).
REVERSED and REMANDED for determination of a reasonable attorney's fee.
COBB, J., concurs.
DAUKSCH, J., dissents with opinion.
I respectfully dissent.
I would affirm the order of the trial court because I find the record before this court requires an affirmance. Appellant requested over $900 in attorney's fees and said that testimony of an attorney-witness was available to the court to substantiate the award of that amount. The trial judge did not hear the witness's testimony and said he would require appellee to pay $135 toward the fees and costs incurred by appellant. That award is low but it is not an abuse of discretion. The relative assets, incomes and expenses of the parties when considered along with the nature of the proceeding and the outcome support the trial judge's determination, in my opinion. I cannot say that no reasonable person would do what this trial judge did. Canakaris v. Canakaris, 382 So.2d 1197 (Fla. 1980).