49 Fla. L. Weekly D850a LYONS HERITAGE OF TAMPA, LLC, a Florida limited liability company, Appellant, v. OLUROTIMI PHILLIPS and JACQUELINE PHILLIPS, Appellees. 2nd District. Case No. 2D2023-1313. April 17, 2024. Appeal from the Circuit Court for Hillsborough County; Anne-Leigh Gaylord Moe, Judge. Counsel: Timothy Brown and Adam Bild of Bild Law, Lutz, for Appellant. Read More »
Articles
Attorney’s fees — Prevailing party — Amount — Contingency fee multiplier — Application of contingency risk multipler was not supported by competent substantial evidence demonstrating that relevant market required the application of a multiplier to incentivize effective counsel to undertake representation of plaintiff in action alleging that defendant violated Florida Consumer Practices Act and seeking declaration that defendant placed illegitimate lien on plaintiff’s worker’s compensation settlement proceeds — Remand solely for trial court to enter judgment that does not include application of the contingency fee multiplier
49 Fla. L. Weekly D887a FOOT & ANKLE CENTER OF FLORIDA, LLC, Appellant, v. CARLOS VARGAS, IV, Appellee. 6th District. Case No. 6D23-665. L.T. Case No. 2021-CA-002428. April 19, 2024. Appeal from the Circuit Court for Collier County. Lauren L. Brodie, Judge. Counsel: Christopher DeCosta, of Mahshie & DeCosta P.A., Fort Myers, for Appellant. Jordan Read More »
Attorney’s fees — Amount — Proposal for settlement — Fee agreements — Trial court erred in awarding defendant a fraction of the amount of trial attorney’s fees it sought pursuant to a rejected proposal for settlement and denying defendant’s request for appellate attorney’s fees based on determination that defendant’s attorneys were operating under a flat fee agreement — Regardless of fee arrangement between defendant and its attorneys, trial court was bound to award appellate attorney’s fees where appellate mandate did not afford trial court discretion to award less than a reasonable fee or deny appellate fees altogether — Alternative fee recovery provision in defendant’s master engagement agreement with its attorneys, which provided that attorneys would be entitled to the greater of either a specified fee if the fee is paid by the client, or a court-awarded reasonable fee if the fee is paid by a third party pursuant to section 768.79, was valid and enforceable — Court rejects argument that defendant’s counsel waived enforcement of master agreement because counsel preserved his privilege objection while advocating for a reasonable fee under the fee-shifting framework — By awarding defendant less than one-thirteenth of fees it sought, trial court required defendant to absorb enhanced hourly rate promised under alternative fee recovery provision, thereby shielding plaintiff and distorting the punitive objective of section 768.79 — Remand for award of reasonable attorney’s fees and costs, including reasonable expert fee
49 Fla. L. Weekly D866a USAA CASUALTY INSURANCE COMPANY, Appellant, v. HEALTH DIAGNOSTICS OF FORT LAUDERDALE, LLC, etc., Appellee. 3rd District. Case No. 3D22-2032. L.T. Case No. 14-5989 SP. April 17, 2024. An appeal from the County Court for Miami-Dade County, Linda Melendez, Judge. Counsel: Dutton Law Group, P.A., Rebecca Delaney, Anthony L. Tolgyesi, and Read More »
Insurance — Attorney’s fees — Prevailing party — Amount — Reasonableness — Trial court erred by adopting insured’s proposed award, including a flat reduction in hours, without making specific findings as to the reasonableness of the rates or billing records proffered by insureds — Because disputed issues of fact remain, appropriate remedy is to remand for further development of record and to allow trial court to make appropriate finding regarding lodestar amount
49 Fla. L. Weekly D871a UNIVERSAL PROPERTY & CASUALTY INSURANCE COMPANY, Appellant, v. YIMI ELIS SANTOS, et al., Appellees. 3rd District. Case No. 3D23-0940. L.T. Case No. 21-11532. April 17, 2024. An Appeal from the Circuit Court for Miami-Dade County, Beatrice Butchko, Judge. Counsel: Russo Appellate Firm, P.A., and Paulo R. Lima and Elizabeth K. Read More »
Insurance — Attorney’s fees — Prevailing party — Amount — Reasonableness — Trial court erred by adopting insured’s proposed award, including a flat reduction in hours, without making specific findings as to the reasonableness of the rates or billing records proffered by insureds — Because disputed issues of fact remain, appropriate remedy is to remand for further development of record and to allow trial court to make appropriate finding regarding lodestar amount
49 Fla. L. Weekly D871a UNIVERSAL PROPERTY & CASUALTY INSURANCE COMPANY, Appellant, v. YIMI ELIS SANTOS, et al., Appellees. 3rd District. Case No. 3D23-0940. L.T. Case No. 21-11532. April 17, 2024. An Appeal from the Circuit Court for Miami-Dade County, Beatrice Butchko, Judge. Counsel: Russo Appellate Firm, P.A., and Paulo R. Lima and Elizabeth K. Read More »