Narrative Opinion Summary
Appellant seeks review of a final order that awarded attorney fees to appellee, arguing two main points: (1) the absence of competent, substantial evidence to support the fee award, and (2) the order's inadequacy due to a lack of findings of fact regarding the reasonable hours worked and the hourly rate for the attorneys' services. The court noted that the hearing where evidence was presented was not transcribed, preventing a determination on the sufficiency of the evidence. Consequently, the appellant did not meet the burden of persuasion, leading to the affirmation of this argument. However, the court acknowledged that the order failed to include necessary findings of fact, which necessitated a reversal and remand for correction. The decision is affirmed in part, reversed in part, and remanded with directions. Judges Kahn and Van Nortwick concur.
Legal Issues Addressed
Burden of Persuasion in Attorney Fee Awardssubscribe to see similar legal issues
Application: The appellant's challenge to the attorney fee award was rejected due to their failure to meet the burden of persuasion, as the hearing was not transcribed, precluding a review of the sufficiency of the evidence.
Reasoning: The court noted that the hearing where evidence was presented was not transcribed, preventing a determination on the sufficiency of the evidence. Consequently, the appellant did not meet the burden of persuasion, leading to the affirmation of this argument.
Requirement for Findings of Fact in Fee Award Orderssubscribe to see similar legal issues
Application: The court reversed the fee award order because it failed to include specific findings of fact regarding the reasonable hours worked and the hourly rate, which are necessary for a proper fee determination.
Reasoning: However, the court acknowledged that the order failed to include necessary findings of fact, which necessitated a reversal and remand for correction.