Supreme Court Leaves Long Standing Expert Witness Requirement for Fee Awards Intact

The Florida Supreme Court issued an order Per Curiam yesterday regarding their review of Roshkind v. Machiela and its certified question of:

Is expert witness testimony necessary to establish attorney’s fees due under a charging lien against a client, who has entered into a retainer agreement that requires all fee disputes to be made in writing within thirty days of the bill’s receipt and has failed to object?

Unfortunately, yesterday’s Order, despite the Fourth District Court’s reluctant affirmance, and despite the initial acceptance of jurisdiction by the Supreme Court,  redetermines that mater, denies review, and discharges jurisdiction.  Full text of the Order is here.

Imputation of Income Reversed by Fourth District Court of Appeal

The Fourth District Court of Appeal reversed the lower tribunal’s imputation of income in its ruling today in Mudafort v. Lee.  While there was testimony supporting income at the level imputed, the testimony did not support any permanent finding of regular income available.