AETNA LIFE INSURANCE COMPANY, APPELLANT,
v.
PETER L. CASALOTTI, APPELLEE
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The court held that the trial court properly considered all relevant factors and correctly determined the attorney's fees to be awarded, including the use of a contingent fee multiplier within the permissible range.
[1] A trial court may award attorney's fees pursuant to section 627.428, Florida Statutes, when a plaintiff prevails on a breach of contract claim against an insurance compan…
[2] A trial court must consider all relevant factors and expert testimony when determining the reasonableness of attorney's fees.
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Join FLexlaw to unlock all legal intelligencePeter Casalotti sued Aetna Life Insurance Company after his disability benefits were terminated. The jury found in favor of Casalotti on his breach of…
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[*243] PER CURIAM.
Aetna Life Insurance Company appeals from a final judgment for attorney’s fees assessed against it in the amount of $441,-500.00 and a final cost judgment of $8,650.45. We affirm.
Peter Casalotti filed suit against Aetna in 1984 after the company terminated disability benefits which he was receiving under a policy purchased from Aetna. The complaint, which initially pleaded breach of contract only, was subsequently amended to include four counts based on statutory claims. The amended complaint also included a claim for punitive damages. The case went to trial in 1987 and the jury returned a verdict in favor of Casalotti on his breach of contract claim.
Casalotti was entitled to attorney’s fees pursuant to section 627.428, Florida Statutes (1987). The trial court conducted an evidentiary hearing with expert testimony entered by both sides, and set out its findings in a detailed order. We find that the trial court properly considered all relevant factors and correctly determined the fees to be awarded in accordance with the requirements of Folta v. Bolton, 493 So. 2d 440 (Fla.1986); Florida Patient’s Compensation Fund v. Rowe, 472 So. 2d 1145 (Fla.1985) and this Court’s opinions in Bankers Insurance Co. v. Gonzalez, 545 So. 2d 907 (Fla. 3d DCA 1989) and Travelers Indemnity Co. v. Sotolongo, 513 So. 2d 1384 (Fla. 3d DCA 1987).
Citing Pennsylvania v. Delaware Valley Citizens’ Council for Clean Air, 483 U.S. 711, 107 S.Ct. 3078, 97 L.Ed.2d 585 (1987), appellant in substance asks us to limit the use of the contingent fee multiplier.1 We are unable to entertain that suggestion, for the Florida Supreme Court in Rowe expressly authorized multipliers and prescribed the permissible range. 472 So. 2d at 1151. The multiplier utilized in the present case is within that range, and we perceive no abuse of the trial court’s discretion in setting the award.
The judgments under review are affirmed.
. The Delaware Valley decision was cited by this court in Travelers Indemnity Co. v. Sotolongo, 513 So. 2d at 1385 n. 1.
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Pecora v. Pecora, 697 So. 2d 1267 (Fla. 5th DCA 1997)…notice, including a meaningful opportunity to prepare and to defend against the allegations of the motion or complaint. It means the ability to offer evidence and to secure a record of the proceedings.3 [*1269] See Lebioda v. Gastroenterology Group, 544 So. 2d 242 (Fla. 5th DCA 1989); Mike Smith Pontiac GMC, Inc. v. Smith, 486 So. 2d 89, 90 n. 3 (Fla. 5th DCA 1986); Lingelbach’s Bavarian Restaurants, Inc. v. Del Bello, 467 So. 2d 476, 479 (Fla. 2d DCA), review denied, 476 So. 2d 674 (Fla.1985); Empire Pontiac…
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Ganson v. State, 554 So. 2d 522 (Fla. 1st DCA 1989)…itizens, Council for Clean Air, 483 U.S. 711, 107 S.Ct. 3078, 97 L.Ed.2d 585 (1987), the use of the contingent fee multiplier should be limited or omitted. In response to an identical argument, the court in Aetna Life Insurance Company v. Casalotti, 544 So. 2d 242 (Fla. 3d DCA 1989), held: We are unable to entertain that suggestion, for the Florida Supreme Court in Rowe expressly authorized multipliers and prescribed the permissible range. The same result should obtain here. See also, State Farm Fire & Casua…
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Authorities Cited
- Fla. Patient's Comp. Fund v. Rowe, 472 So. 2d 1145 (Fla. 1985)
- Pennsylvania v. Del. Valley Citizens' Council for Clean Air, 483 U.S. 711 (U.S. 1987)
- Folta v. Joseph Bolton, M.D., 493 So. 2d 440 (Fla. 1986)
- Travelers Indem. Co. v. Sotolongo, 513 So. 2d 1384 (Fla. 3d DCA 1987)
- Bankers Ins. Co. v. Valmore Gonzalez, 545 So. 2d 907 (Fla. 3d DCA 1989)