This appeal challenges an award of attorney’s fees entered without a written evaluation by the court of the factors supporting the award. We remand for the limited purpose of permitting the district court to give reasons for allowing the amount awarded, expressed in compliance with our opinion in
Johnson v. Georgia Highway Express, Inc.,
The plaintiffs, Mildred and Caleb Davis, two migrant farm workers, won a joint $6,695.40 non-jury judgment against Elijah Fletcher, Jr., a farm labor contractor, for violations of the Farm Labor Contractor Registration Act, the Fair Labor Standards Act, the Truth-In-Lending Act, and the Federal Insurance Contribution Act.
After trial the plaintiffs submitted a motion for an award of $7,595.00 in attorney’s fees, as amended, supported by affidavits meticulously setting forth the time, labor, and skills required of their three attorneys in achieving a favorable judgment. The motion requested an hourly rate of $50 for the total hours of work performed. In response the defendant requested the court to take into consideration the amount of the judgment and the fact that the attorneys are employed by the state legal services department. The district court granted the entire amount requested in a brief order stating:
I have considered the plaintiffs’ memoranda in support of its motion, its supplement thereto, defendants’ response to request for allowance of attorneys’ fees and am familiar with the principles applicable, particularly as articulated in Johnson v. Georgia Highway Express, Inc., [supra].
Upon consideration of all the requisite factors, I am of the opinion that Florida Rural Legal Services, Inc., as a result of the services of its attorneys in this case, is entitled to an attorneys fee from defendant in the sum of $7,595, which amount is fixed as being fair and reasonable.
The only issue asserted by Fletcher on appeal is that the district court failed to articulate properly its reasons for setting the amount of the award in accordance with the guidelines established in Johnson.
The determination of reasonable attorneys’ fees is left to the sound discretion of the trial court.
Matter of First Colonial Corp. of America,
Plaintiff’s affidavits suggest that the attorneys may have computed their requested fees on a hours-times-dollars formula. The adoption of this approach, without more, does not satisfy the court’s responsibility.
Miller v. Mackey International, Inc.,
REMANDED.
