Monday, January 19, 2009

2d DCA Rejects Fee Award for Lack of Evidence

The Second District Court ruled on Friday that the nearly forty thousand dollar fee award in Braswell v. Braswell was to be reversed without opportunity for new hearing, in that insufficient evidence was put before the lower court to justify a fee award. The 2d DCA was quite clear that the full invoices and records of fees, in their entirety, as well as testimony from counsel, are a mandatory requirement for any award of fees.

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