Wilson v. Wilson

Full title: STUART WILSON, APPELLANT, v. JOYCE WILSON, APPELLEE

Court: District Court of Appeal of Florida, Third District

Date published: Oct 3, 1978

362 So. 2d 1030 (Fla. Dist. Ct. App. 1978)

Opinion

No. 77-2289.

October 3, 1978.

Appeal from the Circuit Court, Dade County, George Orr, J.

Charles L. Neustein, Miami, for appellant.

Gold Fox, Coral Gables, for appellee.

Before PEARSON, BARKDULL^_ and KEHOE, JJ.

_ BARKDULL, J., participated in the decision in this case but did not hear oral argument.

KEHOE, Judge.

Appellant seeks review of a final judgment awarding attorney's fees to appellee, as a result of a modification proceeding instituted by appellee in October of 1976. The parties were divorced in 1970. The record reflects that the only evidence in regard to the amount of attorney's fees was the testimony of appellee's counsel. The general rule is that the self-serving nature of the testimony given by an attorney who performs services for which an attorney's fee is sought precludes a trial court from making an award based solely on that attorney's testimony. See, e.g., Benitez v. Benitez, 337 So.2d 408 (Fla. 4th DCA 1976); and Ortiz v. Ortiz, 211 So.2d 243 (Fla.3d DCA 1968). In our opinion, this general rule is applicable in the present case; accordingly, because the final judgment entered by the trial court was not supported by competent substantial evidence, the final judgment is reversed.

Reversed.