Ehiabor v. Ehiabor

Summary

The First District Court of Appeal of Florida reverses and remands a nonfinal order awarding temporary alimony and temporary attorney’s fees in a dissolution proceeding. The court holds that an appellant need not preserve, through a motion for reconsideration, a challenge to the absence of required findings in a nonfinal temporary-support order. It further concludes that current section 61.08, Florida Statutes, requires written findings supporting temporary alimony, and discusses the evidentiary and findings requirements applicable to temporary attorney’s-fee awards under section 61.16.

Holdings

1. A party is not required to file a motion for reconsideration before appealing a nonfinal order awarding temporary alimony or attorney's fees based on the trial court's failure to make required factual findings.
2. Under the revised section 61.08, Florida Statutes, a trial court must make written findings of fact when awarding temporary alimony.
3. For temporary alimony, written findings must address the requesting party's actual need in the amount awarded, the other party's ability to pay that amount, and the length of time for which the award is made; the court need not make findings on the section 61.08(3) factors applicable to other forms of alimony.
4. The trial court's temporary-alimony award was reversible because the order contained no factual findings and did not explain why the court awarded $700 when the requesting party testified that she needed an additional $658.
5. A trial court awarding temporary attorney's fees under section 61.16 must make specific findings regarding need, ability to pay, and reasonableness, including the reasonable hourly rate and reasonable number of hours incurred or expected to be incurred.
6. The full Florida Patient's Compensation Fund v. Rowe analysis is not required for temporary attorney's-fee awards, although the trial court may consider Rowe factors and must make findings sufficient for meaningful appellate review.
7. Unsworn representations by counsel cannot supply evidentiary support for a temporary fee award when the fee affidavit was not admitted into evidence.

Questions Presented

1. Whether an appellant must file a motion for reconsideration or otherwise preserve an objection to the absence of required factual findings before appealing a nonfinal order awarding temporary alimony and attorney's fees.
2. Whether revised section 61.08, Florida Statutes, requires written findings of fact to support an award of temporary alimony.
3. Whether the temporary alimony award was supported by the required findings and competent, substantial evidence.
4. Whether a trial court awarding temporary attorney's fees under section 61.16, Florida Statutes, must make findings regarding need, ability to pay, and the reasonableness of the fees, including reasonable hours and hourly rate.
5. Whether the temporary attorney's-fees award was supported by competent, substantial evidence when the fee affidavit was not admitted and counsel's statements were unsworn.

Disposition

reversed_and_remanded