Williams v. Williams — temporary-fee entitlement affirmed, $75,000 award reversed for required findings

Case
Ronald Brian Williams v. Samantha Smith Williams
Court
Florida Second District Court of Appeal
Judge
Smith (Rick Scott, 2019); NORTHCUTT (Lawton Chiles, 1997); Guard (appointment info not available)
Date Decided
August 14, 2026
Docket No.
2D2025-1777
Topics
divorce; temporary attorney’s fees; fee reasonableness; appellate review
Source
Read the full opinion

Background

In this dissolution case, former husband Ronald Brian Williams appealed a nonfinal Pinellas County Circuit Court order awarding former wife Samantha Smith Williams $75,000 in temporary attorney’s fees.

The former husband challenged the award under Florida Rule of Appellate Procedure 9.130. The trial court had found the former wife entitled to temporary fees, but did not make findings addressing the reasonableness of counsel’s hourly rate or the hours claimed. The former wife argued the award could be affirmed as a sanction, but the order reserved ruling on her contempt motion.

The Court’s Holding

The Second District affirmed the determination that the former wife was entitled to temporary attorney’s fees. In a dissolution proceeding, however, a court must determine not only need and ability to pay, but also that the temporary fees and costs are reasonable.

The court reversed the portion awarding $75,000 because the trial court did not make factual findings on the reasonableness of both the hourly rate and time expended. It remanded for the trial court to make the required findings and determine the reasonable amount of temporary fees.

Key Takeaways

  • A temporary-fee award in a dissolution case requires findings on fee reasonableness, not merely need and ability to pay.
  • The required findings address both the reasonable hourly rate and reasonable hours expended.
  • A reserved contempt motion could not support affirmance of the fee award as a sanction.

Why It Matters

The decision reinforces that Florida family-law courts must create a record supporting the amount of a temporary attorney’s-fee award. A party may be entitled to fees, but the award remains vulnerable on appeal if the order lacks findings supporting the rate and hours used to calculate it.

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