HERMAN LEE BRIGGES, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Searcy v. Paige N. Poletz, 652 So. 2d 366 (Fla. 1995)
  …504 So. 2d 457 (Fla. 1st DCA 1987) (in determining the quantum me-ruit recovery to be awarded an attorney discharged without cause before conclusion of case the court must utilize the criteria set forth in Rowe); Boyette v. Martha White Foods, Inc., 528 So. 2d 539 (Fla. 1st DCA), review denied, 538 So. 2d 1255 (Fla.1988) (Rowe lodestar method, without contingency risk multiplier, should be applied to determine discharged attorney’s quantum meruit recovery). Relying on its prior decisions in Rood and Riesgo,…
• Giltex Corp. v. Diehl, 583 So. 2d 734 (Fla. 1st DCA 1991)
  …tors. If the court decides to adjust the lodestar, it must state the grounds on which it justifies the enhancement or reduction. Rowe, 472 So. 2d at 1151. Rowe applies to this award of fees based upon a contract. Boyette v. Martha White Foods, Inc., 528 So. 2d 539 n. 1 (Fla. 1st DCA 1988). In Boyette, this court rejected the reasoning of Stabinski, upon which appel-lee relies. While the lack of a transcript or stipulated statement might otherwise require affirmance, this rule is not applicable in this case be…
• Fla. Pottery Stores OF Panama City, Inc. v. Am. Nat'l Bank, 578 So. 2d 801 (Fla. 1st DCA 1991)
  …ion Fund v. Rowe, 472 So. 2d 1145 (Fla.1985), to determine the amount of the fee. Rowe, which requires specific findings, is applicable regardless of whether entitlement to fees is based upon contract or statute. Boyette v. Martha White Foods, Inc., 528 So. 2d 539, 541 (Fla. 1st DCA 1988). The trial court’s order is also flawed in failing to separately treat pre- and post-judgment fees. Consequently, there is no way to determine how much of the 90 hours was awarded for post-judgment efforts. Concerning entit…

Authorities Cited

• Franklin v. State, 526 So. 2d 159 (Fla. 5th DCA 1988)