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Madden v. Madden

District Court of Appeal of Florida, Third District
Dec 24, 2003
865 So. 2d 555 (Fla. Dist. Ct. App. 2003)

Summary

applying § 57.104 in a dissolution case and disallowing fees for paralegals not shown to have performed any nonclerical, meaningful legal support to the matter

Summary of this case from Youngblood v. Youngblood

Opinion

Case No. 3D02-1989.

Opinion filed December 24, 2003.

An Appeal from the Circuit Court for Monroe County, Sandra Taylor, Judge, Lower Tribunal No. 93-867.

Elena B. Langan, for appellant.

Barranco, Kircher Vogelsang; Cynthia L. Greene, for appellee.

Before SCHWARTZ, C.J., and WELLS and SHEPHERD, JJ.


This is an appeal from an award of attorney's fees and costs to the ex-wife and against the former husband in a post-dissolution matrimonial dispute. Because we find that the evidence is insufficient to justify a determination that the "paralegals" and "law clerks" performed any "nonclerical, meaningful legal support to the matter involved" as required by section 57.104, Florida Statutes (2003), we reduce the award by the $20,722.50 (276.3 hours at $75.00 per hour) alloted below for their services. See In re Estate of Platt, 586 So.2d 328 (Fla. 1991); Dayco Products v. McLane, 690 So.2d 654 (Fla. 1st DCA 1997). The order on appeal is otherwise affirmed.

Reversed in part, affirmed in part.

NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF.


Summaries of

Madden v. Madden

District Court of Appeal of Florida, Third District
Dec 24, 2003
865 So. 2d 555 (Fla. Dist. Ct. App. 2003)

applying § 57.104 in a dissolution case and disallowing fees for paralegals not shown to have performed any nonclerical, meaningful legal support to the matter

Summary of this case from Youngblood v. Youngblood
Case details for

Madden v. Madden

Case Details

Full title:PAUL MADDEN, Appellant, v. LISA H. MADDEN n/k/a LISA H. DUPOUX, Appellee

Court:District Court of Appeal of Florida, Third District

Date published: Dec 24, 2003

Citations

865 So. 2d 555 (Fla. Dist. Ct. App. 2003)

Citing Cases

Youngblood v. Youngblood

(Emphasis supplied.) See Madden v. Madden, 865 So.2d 555 (Fla. 3d DCA 2003) (applying § 57.104 in a…