LAKE TIPPECANOE OWNERS ASSOCIATION, INC., APPELLANT,
v.
CAROL ABELL HANAUER, APPELLEE
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Lake Tippecanoe Owners Association sought injunctive relief against a condominium unit owner, Carol Hanauer, for alleged violations of condominium documents. Hanauer prevailed and was awarded attorney's fees, but the trial court improperly enhanced the fee award by applying a 1.5 multiplier to the lodestar amount where no contingency risk factor existed.
The trial court erred in applying the 1.5 multiplier to the lodestar factor because enhancement under the Rowe formula is only appropriate where a contingency risk multiplier is justified, and no such contingency risk existed in this case. The fee award should have been limited to the lodestar amount of $11,875 plus costs.
[1] A statute authorizing attorney's fees to a prevailing litigant requires a trial court to determine the number of hours reasonably expended and the reasonable hourly rate…
[2] The lodestar factor for attorney's fees is calculated by multiplying the number of hours reasonably expended by the reasonable hourly rate.
Previewing 2 of 5 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Enhancement under Rowe is only applied where a contingency risk multiplier is appropriate. Here, there was no contingency risk factor to be considered.”
Establishes that the trial court's 1.5 multiplier was improper because no contingency risk existed to justify enhancement of the lodestar fee.
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Join FLexlaw to unlock all legal intelligenceLake Tippecanoe Owners Association, a condominium association, brought an action seeking injunctive relief against Carol Hanauer for alleged violation…
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SCHEB, Judge.
Appellant Lake Tippecanoe Owners Association, Inc., a condominium association, sought injunctive relief against appellee Carol Hanauer for her alleged violation of condominium documents. Hanauer prevailed in this litigation and was entitled to reasonable attorney’s fees pursuant to section 718.303(1)(d), Florida Statutes (1985). This case involves our review of the trial court’s determination of reasonable attorney’s fees for Hanauer based on the supreme court’s decision in Florida Patients Compensation Fund v. Rowe, 472 So. 2d 1145 (Fla.1985).
The supreme court, after reviewing the criteria set forth in Disciplinary Rule 2- 106(B) of the Florida Bar Code of Professional Responsibility, set out a formula for computing reasonable attorney’s fees. This formula is applicable where, as here, a statute authorizes an award of fees to a prevailing litigant. In computing attorney’s fees, the court stated that the trial judge should:
(1) determine the number of hours reasonably expended on the litigation; (2) determine the reasonable hourly rate for this type of litigation; (3) multiply the result of (1) and (2); and, when appropriate, (4) adjust the fee on the basis of the contingent nature of the litigation or the failure to prevail on a claim or claims. Rowe, 472 So. 2d at 1151-1152.
In this case, the trial judge correctly followed steps (1), (2), and (3), and arrived at a figure of $11,875. This amount is termed the lodestar factor under Rowe. The court then proceeded to multiply this amount by what it termed a “success factor” of 1.5 and arrived at $17,812.50. The trial judge reduced this sum to $14,664 because it exceeded the amount which Ha-nauer was obligated to pay her counsel. The court then added costs of $534.45 and awarded Hanauer $15,198.45 for her attorney’s fees and costs.
The trial judge erred in multiplying the lodestar factor by 1.5 because this case did not qualify for an enhanced fee. Enhancement under Rowe is only applied where a contingency risk multiplier is appropriate. Here, there was no contingency risk factor to be considered.
We find no merit to the other arguments presented by appellant.
Accordingly, we amend the judgment for fees and costs to award appellee attorney’s fees of $11,875 and costs of $534.45, for a total of $12,409.45. As amended, the judgment is affirmed.
GRIMES, A.C.J., and SCHOONOVER, J., concur.
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The Glades, Inc. v. The Glades Country Club Apts. Ass'n, Inc., 534 So. 2d 723 (Fla. 2d DCA 1988)…the lodestar figure should have been enhanced based upon the amount involved and the result defense counsel obtained for defendant. The trial court specifically found that unless precluded by Rowe and Lake Tippecanoe Owners Ass’n, Inc. v. Hanauer, 494 So. 2d 226 (Fla. 2d DCA 1986), the lodestar figure should be enhanced by at least an additional $84,000 in light of the multimillion dollar amount involved in this complex litigation and the completely successful result obtained on behalf of defendant. The cou…
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First State Ins. Co. v. Gen. Elec. Credit Auto Lease, Inc., 518 So. 2d 927 (Fla. 3d DCA 1987)…a. 4th DCA 1985); cf. Appalachian, Inc. v. Ackmann, 507 So. 2d 150, 152 (Fla. 2d DCA), rev. denied, 515 So. 2d 229 (Fla.1987); Good Samaritan Hosp. Ass’n v. Saylor, 495 So. 2d 782, 784-85 (Fla. 4th DCA 1986); Lake Tippecanoe Owners Ass’n v. Hanauer, 494 So. 2d 226 (Fla. 2d DCA 1986). Affirmed.…
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William Dorsky Assocs., Inc. v. Highlands Cnty. Title & Guar. Land Co., 528 So. 2d 411 (Fla. 2d DCA 1988)…ure trial judges should follow in awarding attorney’s fees in order to comply with the requirements set forth in Florida Patient’s Compensation Fund v. Rowe, 472 So. 2d 1145 (Fla.1985). See, e.g., Lake Tippecanoe Owners Association, Inc. v. Hanauer, 494 So. 2d 226 (Fla. 2d DCA 1986), Freedom Savings and Loan Association v. Biltmore Construction Co., 510 So. 2d 1141 (Fla. 2d DCA 1987). Therefore, we will not burden the pages of the Southern Reporter with a recitation of this procedure. Suffice it to say that S…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Fla. Patient's Comp. Fund v. Rowe, 472 So. 2d 1145 (Fla. 1985)