U.S. SECURITY INSURANCE COMPANY, APPELLANT,
v.
ROBERT J. COLE, APPELLEE
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The court held that attorney's fees are not recoverable for time spent litigating the entitlement to attorney's fees when the insured has no obligation to pay their attorney for such work.
An insured sued his insurer for personal injury protection benefits and was awarded attorney's fees. The insurer appealed the award, specifically chal…
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[*154] FRANK, Judge.
U.S. Security Insurance Company has appealed from an award of attorney’s fees and costs to its insured, Robert J. Cole, who initiated the action to recover personal injury protection (PIP) benefits. We affirm in part and reverse in part.
The only error that we have discerned in the attorney’s fee order is the trial court’s allowance of an award to Cole’s attorney for the time he spent litigating the issue of attorney’s fees. Although we recognize that our sister courts of the first, third and fifth districts have permitted such recovery, see Ganson v. State, Department of Administration, 554 So. 2d 522 (Fla. 1st DCA 1989), rev. ’d on other grounds, 566 So. 2d 791 (Fla.1990); Tiedeman v. City of Miami, 529 So. 2d 1266 (Fla. 3d DCA 1988); Gibson v. Walker, 380 So. 2d 531 (Fla. 5th DCA 1980), the view in this district has been to disallow such an award when, as here, the prevailing party has no interest in the fee recovered. B & L Motors, Inc. v. Bignotti, 427 So. 2d 1070 (Fla. 2d DCA 1983), disapproved on other grounds, Travieso v. Travieso, 474 So. 2d 1184 (Fla.1985). The agreement between Cole and his attorney did not contemplate that he would be obligated to pay his attorney for the work performed in recovering statutory fees— work that inured solely to the lawyer’s benefit.
Accordingly, we reverse that portion of the order allowing Cole’s attorney a fee of $150.00 per hour for the nine hours spent litigating his entitlement to a fee. In all other respects the order under review is affirmed.
SCHEB, A.C.J., and CAMPBELL, J., concur.
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State Farm Fire & Cas. Co. v. Palma, 629 So. 2d 830 (Fla. 1993)…itled to recover attorney’s fees through the final judgment). In contrast, the Second District Court of Appeal has held that such fees will not be allowed where “the prevailing party has no interest in the fee recovered.” U.S. Sec. Ins. Co. v. Cole, 579 So. 2d 153, 154 (Fla. 2d DCA 1991); accord B & L Motors, Inc. v. Bignotti, 427 So. 2d 1070, 1073-74 (Fla. 2d DCA 1983), disapproved on other grounds, [*832] Travieso v. Travieso, 474 So. 2d 1184 (Fla.1985). This Court has followed the “American Rule” that att…
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Sonara v. Star Cas. Ins. Co., 603 So. 2d 661 (Fla. 3d DCA 1992)…turned over his interest in the fees to his/her attorney by the time the award is made as a means of initially retaining the attorney. See, e.g., State Farm Mut. Auto. Ins. Co. v. Moore, 597 So. 2d 805 (Fla. 2d DCA 1992); U.S. Sec. Ins. Co. v. Cole, 579 So. 2d 153 (Fla. 2d DCA), rev. denied, 591 So. 2d 631 (Fla.1991); Inacio v. State Farm Fire & Casualty Co., 550 So. 2d 92, 96 (Fla. 1st DCA 1989). Such a requirement exalts form over substance and, in so doing, tends to defeat the very purpose for such an awar…
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Higley S., Inc. v. Quality Engineered Installation Inc., 632 So. 2d 615 (Fla. 2d DCA 1994)…client is not obligated to the attorney for that work. B & L Motors, Inc. v. Bignotti, 427 So. 2d 1070 (Fla. 2d DCA 1983), disapproved on other grounds, Travieso v. Travieso, 474 So. 2d 1184 (Fla.1985); see also U.S. Security Insurance Co. v. Cole, 579 So. 2d 153 (Fla. 2d DCA 1991), review denied, 591 So. 2d 631 (Fla.1991). The question of whether fees for litigating fees are appropriate arises in two separate stages of this proceeding. First, whether Quality may recover its attorney’s fees for time expende…
Previewing 3 of 7 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Travieso v. Travieso, 474 So. 2d 1184 (Fla. 1985)
- B & L Motors, Inc. v. Bignotti, 427 So. 2d 1070 (Fla. 2d DCA 1983)
- Gibson v. Walker, 380 So. 2d 531 (Fla. 5th DCA 1980)
- Tiedeman v. City OF Miami, 529 So. 2d 1266 (Fla. 3d DCA 1988)
- Dep't of Admin. v. Ganson, 566 So. 2d 791 (Fla. 1990)
- Ganson v. State, 554 So. 2d 522 (Fla. 1st DCA 1989)