Opinion
No. 2D21-3406.
02-15-2023
Raymond Dion WELLS, Appellant, v. Bridgette Lawson WELLS, Appellee.
Elizabeth S. Wheeler of Berg & Wheeler, P.A., Brandon, for Appellant. Mark A. Neumaier of Law Office of Mark A. Neumaier, Tampa; and Morten B. Christoffersen of Morten B. Christoffersen, P.A., Clearwater, for Appellee.
Elizabeth S. Wheeler of Berg & Wheeler, P.A., Brandon, for Appellant.
Mark A. Neumaier of Law Office of Mark A. Neumaier, Tampa; and Morten B. Christoffersen of Morten B. Christoffersen, P.A., Clearwater, for Appellee.
SLEET, Judge.
Raymond Wells (the Husband) challenges the trial court's nonfinal order granting temporary attorney fees and suit money, including fees for the Wife's accountant, entered in favor of Bridgette Wells (the Wife) in the parties' action for dissolution of marriage. Because the trial court erred in relying on the inadmissible affidavit of the Wife's accountant when it awarded $5,342 in costs, we reverse that portion of the order. We affirm the order in all other respects.
A trial court has broad discretion to award expert witness fees. See Rotunda v. Rotunda, 259 So.3d 216, 219 (Fla. 5th DCA 2018). The court abuses its discretion when it makes findings that are not supported by competent substantial evidence. See Raza v. Deutsche Bank Nat. Tr. Co., 100 So.3d 121, 126 (Fla. 2d DCA 2012).
The Husband argues that the court's factual finding that the Wife incurred $5,342 in accountant fees is unsupported by the record. Specifically, he argues that the trial court improperly relied on the inadmissible affidavit of the Wife's accountant in arriving at this figure. He maintains that at the hearing, the trial court improperly overruled his hearsay objection. The Wife concedes that the objection should have been sustained, and we agree.
At the December 11, 2020, fee hearing, the Wife introduced the affidavit of her accountant, Sonya Johnson. The affidavit, dated two years earlier on November 1, 2018, was accompanied by various documents, including a "case summary" of time and charges dated November 13, 2018, and a computer-generated summary dated November 15, 2018, which addressed invoices, including one dated April 6, 2018. The Husband objected that these documents were hearsay. When counsel for the Wife was asked to respond to that objection, the following discussion occurred:
[COUNSEL FOR WIFE]: I don't have anything to say. We could have produced Ms. Johnson, but we didn't. I mean, the Court was present when she participated in the [final] hearing.
THE COURT: But as to her costs and the outstanding costs that are yet to be paid?
[COUNSEL FOR WIFE]: Yes. She has only been paid once. That was by Mr. Wells, when he paid the $7,500.
THE COURT: It will be received over the objection of the former husband.
Johnson's November 2018 affidavit and attached documents constituted hearsay, which the Wife failed to establish were admissible under any recognized hearsay exception. Cf. Roggemann v. Bos. Safe Deposit & Tr. Co., 670 So.2d 1073, 1075 (Fla. 4th DCA 1996) ("[O]ver objection, a trial court cannot rely on affidavits at the hearing to assess attorney's fees, since they are hearsay.").
Accordingly, we reverse the trial court's determination of costs for the Wife's accounting expert in the amount of $5,342 and remand for a new hearing on that issue. We affirm in all other respects.
Affirmed in part, reversed in part, and remanded.
VILLANTI and LABRIT, JJ., Concur.