OLD SOUTHERN LIFE INSURANCE COMPANY, APPELLANT,
v.
WILLIAM R. KIRBY, APPELLEE
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Old Southern Life Insurance Company appeals a jury verdict in favor of William Kirby and the trial court's award of attorney's fees. The court affirmed the jury verdict but reversed and remanded the attorney's fees award because the trial judge failed to provide specific findings supporting the enhancement factor applied to the fee calculation.
The court affirmed the jury verdict but reversed the attorney's fees award and remanded because the trial judge failed to set forth specific findings supporting the use of an enhancement factor, as required by Rowe. The trial court must provide explicit findings justifying any adjustment to the lodestar calculation.
[1] A trial court must set forth specific findings to justify the application of an enhancement factor when awarding attorney's fees.
[2] When determining attorney's fees, a trial court must establish the number of hours reasonably expended and the reasonable hourly rate for the litigation.
Previewing 2 of 4 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“In determining the hourly rate, the number of hours reasonably expended, and the appropriateness of the reduction or enhancement factors, the trial court must set forth specific findings. If the court decides to adjust the lodestar, it must state the grounds on which it justifies the enhancement or reduction.”
Establishes the core requirement that trial courts must provide specific findings when applying enhancement factors to attorney's fee awards.
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Join FLexlaw to unlock all legal intelligenceA jury returned a verdict in favor of appellee William Kirby against Old Southern Life Insurance Company. The trial court awarded Kirby attorney's fee…
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DANIEL, Chief Judge.
Appellant, Old Southern Life Insurance Company, appeals from the final judgment entered upon a jury’s verdict in favor of appellee, William Kirby. Finding no merit in the issues raised for review, we affirm. Appellant also appeals from the trial court’s order awarding appellee attorney’s fees. We reverse the order and remand to the trial court with directions to set forth specific findings supporting the application of a multiplier as required by Florida Patient’s Compensation Fund v. Rowe, 472 So. 2d 1145 (Fla.1985). In Rowe, the Florida Supreme Court ruled:
In determining the hourly rate, the number of hours reasonably expended, and the appropriateness of the reduction or enhancement factors, the trial court must set forth specific findings. If the court decides to adjust the lodestar, it must state the grounds on which it justifies the enhancement or reduction. In summary, in computing an attorney fee, 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. Application of the Disciplinary Rule 2-106 criteria in this manner will provide trial judges with objective guidance in the awarding of reasonable attorney fees and allow parties an opportunity for meaningful appellate review.
472 So. 2d at 1151-1152. In the instant case the trial judge found:
1. That the plaintiff is entitled to an award of a reasonable attorney’s fee. Following the dictates of the Florida Supreme Court in the case of Florida Patient’s Compensation Fund v. Rowe, 472 So. 2d 1145 (Fla.1985), the court makes the following findings of fact:
a. The court finds from the testimony presented and from review of the file that 120 hours is the number of hours reasonably expended in prosecution of the claim.
b. The court finds from the testimony presented that a reasonable hourly rate for plaintiff’s counsel in this case is $125 per hour. c. The court finds that based upon a contingency risk factor in the litigation that this is a proper case for the application of [an enhancement factor] provided in the Rowe case, supra.
d. Based on the application of [an enhancement factor], counsel for plaintiff is entitled to a fee of $24,000.
Clearly, the trial judge attempted to comply with the specificity requirements of Rowe. His efforts fell short, however, in that he failed to set forth specific findings supporting the use of an enhancement factor. See Atlantis Building B. Condominium Association, Inc. v. Skawski, 544 So. 2d 1069 (Fla. 4th DCA 1989); Reliance Insurance Company v. Harris, 503 So. 2d 1321 (Fla. 1st DCA), review denied, 513 So. 2d 1063 (Fla.1987).
Since, on remand, the trial court is not required to reconsider and reimpose an award of fees, the recent ruling in Standard Guaranty Insurance Company v. Quanstrom, 555 So. 2d 828 (Fla.1990) is not implicated.
AFFIRMED in part; REVERSED in part; REMANDED.
W. SHARP and COBB, JJ., concur.
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Erling Speer v. Mason, 769 So. 2d 1102 (Fla. 4th DCA 2000)…. Absent such findings, reversal and remand are required. See Florida Patient’s Compensation Fund v. Rowe, 472 So. 2d 1145 (Fla.1985); Atlantis Bldg. B Condominium Ass’n v. Skawski, 544 So. 2d 1069 (Fla. 4th DCA 1989); Old S. Life Ins. Co. v. Kirby, 563 So. 2d 706 (Fla. 5th DCA 1990). The final judgment awarding attorney’s fees in this case contains no findings supporting either the granting of a T.5 multiplier for the attorney representing Mason, or the denial of any multiplier for work done by his associat…
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Castranova v. Auth, 590 So. 2d 28 (Fla. 5th DCA 1991)…Now it must be done in accordance with Rowe, by having a complete evidentiary hearing and entering an order with specific findings. See also City of Orlando v. Kensington Ltd., 580 So. 2d 830 (Fla. 5th DCA 1991); Old Southern Life Ins. Co. v. Kirby, 563 So. 2d 706 (Fla. 5th DCA 1990); Devex v. Liberty Federal Savings & Loan Assoc., 551 So. 2d 606 (Fla. 5th DCA 1989); Travelers Indemnity Co. v. Duffy’s Uttle Tavern, 541 So. 2d 689 (Fla. 5th DCA 1989). The judgment is affirmed; the order awarding attorney’s f…
Authorities Cited
- Fla. Patient's Comp. Fund v. Rowe, 472 So. 2d 1145 (Fla. 1985)
- Standard Guar. Ins. Co. v. Quanstrom, 555 So. 2d 828 (Fla. 1990)
- Reliance Ins. Co. v. Harris, 503 So. 2d 1321 (Fla. 1st DCA 1987)
- Atlantis Bldg. B Condo. Ass'n, Inc. v. Skawski, 544 So. 2d 1069 (Fla. 4th DCA 1989)