THOMAS A. HEAD, ROBERT G. CURRIE AND HERBERT SCHAFFER, APPELLANTS,
v.
PAUL G. LANE AND PINE CREEK DEVELOPMENT CORPORATION, A FLORIDA CORPORATION, BY AND THROUGH PAUL G. LANE, AND LEMON BAY BREEZES DEVELOPMENT CORPORATION, A FLORIDA CORPORATION, APPELLEES
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The court held that a mixed fee agreement, combining hourly and contingency elements, does not permit the application of a contingency risk factor for fee enhancement.
An attorney's fee award was calculated using a lodestar amount and a contingency risk factor. The fee agreement involved an hourly rate plus a conting…
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PER CURIAM.
We reverse as to the amount of attorney’s fees awarded. We affirm as to all other issues.
The appellee, Lane, agreed to pay his attorney $100.00 an hour for legal services rendered, regardless of the outcome of the case, but a 25% contingency fee, if the outcome was in his favor. For the services rendered by the appel-lee’s attorney, there was no dispute at the hearing as to $150.00 being a reasonable hourly rate and as to 278 hours being a reasonable time to accomplish such services.
The appellee was awarded $83,400.00 as attorney’s fees. The trial judge computed a lodestar figure of $41,700.00 ($150 X 278) and then applied a contingency risk factor of 2 after finding the appellee had a 50/50 chance of prevailing at the outset of the case.
Florida Patient’s Compensation Fund v. Rowe, 472 So. 2d 1145 (Fla.1985), is the authority for enhancement of an award of attorney’s fees through application of a contingency risk factor in contingency fee cases.
We find no basis for application of a contingency risk factor in the instant case because the fee arrangement the appellee had with his attorney was not a pure contingency fee agreement. It was not “nothing or something,” it was “something or something.” See, Country Manors Ass’n v. Master Antenna Systems, Inc., 534 So. 2d 1187, 1193 (Fla. 4th DCA 1988).
We choose to follow Lake Tippecanoe Owners Ass’n v. Hanauer, 494 So. 2d 226 (Fla. 2d DCA 1986), and reject the holding of First State Insurance Co. v. General Electric Credit, Auto Lease, Inc., 518 So. 2d 927 (Fla. 3d DCA 1987), and accordingly, we reverse and remand for computation of the attorney’s fees without applying a contingency risk factor. AFFIRMED IN PART; REVERSED IN PART, AND REMANDED WITH INSTRUCTIONS.
LETTS and GARRETT, JJ., and CARNEY, ROBERT B., Associate Judge, concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Lane v. Head, 566 So. 2d 508 (Fla. 1990)…KOGAN, Justice. We have for review Head v. Lane, 541 So. 2d 672 (Fla. 4th DCA 1989), based on express and direct conflict with First State Insurance Co. v. General Electric Credit, Auto Lease, Inc., 518 So. 2d 927 (Fla. 3d DCA 1987). We have jurisdiction. Art. V, § 3(b)(3), Fla. Const. This case asks us to decid…
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SUN Bank OF Ocala v. Jacques Ford, 564 So. 2d 1078 (Fla. 1990)…McDONALD, Justice. We review Sun Bank of Ocala v. Ford, 553 So. 2d 368 (Fla. 5th DCA 1989), wherein the district court relied on Head v. Lane, 541 So. 2d 672 (Fla. 4th DCA 1989), and certified conflict with First State Insurance Co. v. General Electric Credit Auto Lease, Inc., 518 So. 2d 927 (Fla. 3d DCA 1987). We have jurisdiction. Art. V, § 3(b)(4), Fla. Const. We approve the result reached in Sun Bank…
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SUN Bank OF Ocala v. Jacques Ford, 553 So. 2d 368 (Fla. 5th DCA 1989)…DAUKSCH, Judge. This is an appeal from an award of attorneys fees. The issue in this case is the same as that in Head v. Lane, 541 So. 2d 672 (Fla. 4th DCA 1989). That is, can an attorney and his client enter into a partial contingent fee agreement and then have the court assess a “contingency risk factor” against their losing adversary. See Florida Patient’s Compensation Fund v. Rowe, 47…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Fla. Patient's Comp. Fund v. Rowe, 472 So. 2d 1145 (Fla. 1985)
- Country Manors Ass'n, Inc. v. Master Antenna Sys., Inc., 534 So. 2d 1187 (Fla. 4th DCA 1988)
- First State Ins. Co. v. Gen. Elec. Credit Auto Lease, Inc., 518 So. 2d 927 (Fla. 3d DCA 1987)
- Lake Tippecanoe Owners Ass'n, Inc. v. Hanauer, 494 So. 2d 226 (Fla. 2d DCA 1986)