Abbey Adams Logo

Defending Liability, Workers' Compensation, Employment Claims and Appeals Since 1982

Articles

by

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 […]

by

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. […]

by

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. […]

by

Torts — Premises liability — Negligent security — Criminal attack — Action against owner of apartment complex and property manager by plaintiff who was attacked by unknown assailant positioned outside property at time of the incident on a public street that was not controlled by defendants — Trial court did not err in granting summary judgment in favor of defendants where plaintiff failed to demonstrate that genuine issue of material fact existed as to whether assailant was in fact off the premises and failed to present any evidence suggesting that defendants created a dangerous condition that would expand their zone of foreseeable risk outside of the property limits — Moreover, record reflects that armed security guards were actively patrolling the property at time of incident and that operable security cameras were positioned throughout the apartment complex, and plaintiff presented no evidence illustrating that defendants failed to have adequate security measures in place to safeguard or prevent the shooting in which plaintiff was injured — Finally, trial court found that uncontroverted facts and record evidence established that plaintiff was victim of personal, targeted attack by unknown assailant and, accordingly, plaintiff failed to demonstrate that a genuine issue of material fact existed as to whether shooting was foreseeable

49 Fla. L. Weekly D802a ADEON BROWNLEE, Appellant, v. 22ND AVENUE APARTMENTS, LLC, et al., Appellees. 3rd District. Case No. 3D23-998. L.T. Case No. 20-27167. April 10, 2024. An Appeal from the Circuit Court for Miami-Dade County, Vivianne Del Rio, Judge. Counsel: Law Office of Lance A. Garrett, P.A., and Lance A. Garrett (Plantation), for […]

by

Insurance — Declaratory judgment — Trial court erred in granting motion for summary judgment seeking declaration that policy at issue was in full force and effect, not void ab initio, and that there was no material misrepresentation in the application for insurance where complaint sought only a declaration that policy was not properly cancelled for alleged nonpayment

49 Fla. L. Weekly D801a FLORIDA INSURANCE GUARANTY ASSOCIATION, Appellant, v. MANUEL V. FEIJOO, M.D., and MANUEL V. FEIJOO, M.D., P.A., etc., Appellees. 3rd District. Case No. 3D22-1529. L.T. Case No. 17-14026 SP. April 10, 2024. An Appeal from the County Court for Miami-Dade County, Elijah A. Levitt, Judge. Counsel: Kubicki Draper, P.A., and Caryn […]

The owner of this website has made a commitment to accessibility and inclusion, please report any problems that you encounter using the contact form on this website. This site uses the WP ADA Compliance Check plugin to enhance accessibility.