Gilberto RODRIGUEZ and Gladys Rodriguez, his wife, Appellants,
v.
David CAMPBELL, M.D., d/b/a Spinal Associates, Andrew Fox, M.D. and St. Mary's Hospital, Appellees.
District Court of Appeal of Florida, Fourth District.
*267 Robert A. Rosenblatt of Robert A. Rosenblatt, P.A., Coral Gables, for appellants.
Philip D. Parrish of Stephens, Lynn, Klein & McNicholas, P.A., Miami, for Appellee David Campbell, M.D.
Joseph H. Lowe of Winitz, Minkin & Lowe, Miami, for Appellee St. Mary's Hospital.
POLEN, Judge.
The Rodriguezes appeal two attorney's fees judgments entered in favor of David Campbell, M.D., and St. Mary's Hospital after Dr. Campbell and the hospital succeeded in securing dismissal of the Rodriguezes' underlying medical malpractice action. We reverse the orders and remand for the trial court to make additional findings.
We find merit in three arguments presented by the Rodriguezes. First, we agree the fee awards are deficient because they contain only bottom line fee totals, without any express findings regarding the number of hours reasonably expended or a reasonable hourly rate. An order awarding fees must expressly determine the number of hours reasonably expended on the litigation and the reasonable hourly rate for the type of litigation involved. Kelly v. Tworoger,
Next, we agree with the Rodriguezes that the trial court should have awarded only those costs recoverable under the Statewide Uniform Guidelines for Taxation of Costs and incurred during the investigation and evaluation period. See Barnes v. City of Dunedin,
Finally, we agree with the Rodriguezes that an award of attorney's fees must be supported by expert evidence, including the testimony of the attorney who performed the services. Cohen v. Cohen,
*268 Generally, when an attorney's fee or cost order is appealed and the record on appeal is devoid of competent substantial evidence to support the order, the appellate court will reverse the award without remand. E.g., Cooper v. Cooper,
We located one case in which this court strayed from the general rule, when the fee-seeking attorney admitted to the trial court he was aware of the need for additional expert testimony substantiating the reasonableness of his fees, yet failed to provide the evidence he promised. Cottman v. Cottman,
The instant record contains competent substantial evidence supporting the awards of attorney's fees, yet lacks testimony or affidavits from the timekeeper attorneys. On remand this deficiency should be corrected.
GUNTHER, J., and WEINSTEIN, PETER M., Associate Judge, concur.
