Tuesday, May 15, 2012

First District Reverses Fee Award for Lack of Hearing

The First District Court reversed today in Giovanini v. Giovanini, a case in which the lower tribunal issued an order granting temporary appellate attorneys’ fees based on the parties’ respective memoranda, without a hearing.  The First District Court found that the trial court should not have determined the amount of the attorneys’ fee award when a previous order made clear that determination would be made at a hearing, and that the court was required, absent a stipulation by the parties, to hold a hearing to determine the reasonableness and necessity of the fee.

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