Bell v. Konidaris
In a charging-lien dispute following probate litigation, the Fourth DCA reversed an eighteen-page fee order that largely tracked the clients' written closing argument, holding the circumstances raised substantial doubt that the trial court exercised independent judgment. The court also held the finding that the attorney billed 156 hours on an unauthorized FINRA claim had no record support, and that an $85,040 deduction for another firm's allegedly duplicative work was unsupported because no witness or record entry identified any duplication. The cross-appeal issues were deemed moot in light of the remand for a de novo fee hearing.
Key facts
- Bell sought a charging lien for attorney's fees following probate litigation; Konidaris contested the fee application and sought deductions for allegedly unauthorized work and duplicative billing by a second firm.
- The trial court entered an eighteen-page fee order largely tracking Konidaris's written closing argument, including side-by-side citation formatting, months after trial with no oral findings or preliminary rulings.
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Why it matters
This decision gives fee litigants a strong template for attacking a fee order that mirrors the prevailing party's proposed order or closing argument, applying the King/Ross five-factor independent-judgment test in the… — full analysis with a trial
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