Opinion
Case No. 96-00840
Opinion filed May 7, 1997.
Appeal from the Circuit Court for Pinellas County; James R. Case, Judge.
Edward M. Brennan of Levine, Hirsch, Segall Northcutt, P.A., Tampa, for Appellant/Cross-Appellee.
Alan S. Zimmet and Cynthia L. Maynard of Tew, Zinober, Barnes, Zimmet Unice, Clearwater, for Appellee/Cross-Appellant.
Mark Vincent Konicki appeals a final judgment of dissolution, contending the trial court abused its discretion in awarding child support and attorneys' fees to Susan Kelly Konicki. He also maintains that the trial court erred when it reserved jurisdiction to award future medical expenses to Ms. Konicki. Ms. Konicki cross-appeals the attorneys' fee award, contending that she was entitled to payment of all of her fees, rather than the eighty percent awarded by the trial court.
The trial court erred in awarding attorneys' fees to Ms. Konicki without conducting a hearing to determine the reasonableness of the fees incurred and owed. See Safford v. Safford, 656 So.2d 485 (Fla. 2d DCA 1994). Accordingly, we reverse that award and remand for a hearing on the issue of the attorneys' fees. Although we find no abuse of discretion in this limited record concerning the trial court's decision to award only eighty percent of the fees incurred, the trial court may adjust the percentage on remand if the evidence so warrants.
Finally, the trial court should have resolved the issue of future medical expenses prior to entering a final judgment. It is not appropriate to reserve isolated economic issues for resolution at a date after entry of a final judgment merely because the evidence at the final hearing is incomplete. Generally, if the court needs additional evidence to resolve such an issue, the final judgment should be deferred until the evidence has been presented. In light of the circumstances in this case, we authorize the trial court to determine whether Ms. Konicki is entitled to contribution from Mr. Konicki for future medical expenses. The trial court may require further medical testing and diagnosis to reach this determination.
Affirmed in part, reversed in part, and remanded with directions.
THREADGILL, C.J., and ALTENBERND and BLUE, JJ., Concur.