JOHN D. WHITLOW, SR., AS TRUSTEE, APPELLANT,
v.
SOUTH GEORGIA NATURAL GAS CO., A DELAWARE CORPORATION, APPELLEE
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The court held that the trial court's order assessing attorney and appraiser fees was unclear and lacked sufficient record support, requiring remand.
Following an eminent domain proceeding, a property owner appealed the amount of attorney and appraiser fees awarded. The trial court approved the atto…
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ERVIN, Judge.
John Whitlow, Sr., a property owner in an eminent domain proceeding, appeals the amount of attorney and appraiser’s fees awarded him following the entry of a stipulated final judgment determining the value of a permanent easement and severance damages caused by the placement of a pipeline across Whitlow’s property by appellee, South Georgia Natural Gas Company. We reverse the order assessing fees and remand for clarification.
We find no abuse of discretion in the court’s determination that the number of hours reasonably — not actually — expended and the reasonable hourly rate in providing the service by Whitlow’s attorney were 100 hours and $150 per hour. See In re Estate of Platt, 586 So. 2d 328 (Fla.1991); Florida Patient’s Compensation Fund v. Rowe, 472 So. 2d 1145 (Fla.1985). There is nothing in the final order, however, disclosing whether the court considered the time devoted by counsel’s legal assistants,1 as required under section 57.104, Florida Statutes (1989). Loper v. Allstate Ins. Co., 616 So. 2d 1055 (Fla. 1st DCA 1993); Carlson v. Carlson, 639 So. 2d 1094 (Fla. 4th DCA 1994).
In the appraisers’ affidavits, Phillip Pickens sought fees of $3,714, and Susan Brewer $11,810. The court considered these amounts excessive, stating that “much of the work involved was utilized in another ease where Ms. Brewer was the landowner’s appraiser.” We are unable to locate any record support for this finding. Moreover, the court awarded each appraiser half of $8,500, which was more than Pickens claimed he was owed.
We direct the court on remand to either clarify these awards or revise the order accordingly.
REVERSED and REMANDED.
MINER and WOLF, JJ., concur. . Counsel’s affidavit shows that a graduate law student expended 27.35 hours at $75 per hour. and a legal assistant 5.58 hours at $50 per hour.
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Dep't of Transp. v. Robbins & Robbins, Inc., 700 So. 2d 782 (Fla. 5th DCA 1997)…o not read that case to support his theory. While the trial court is required by section 57.104 to consider time expended by legal assistants when awarding attorney’s fees in eminent domain proceedings, Whitlow v. South Georgia Natural Gas Company, 650 So. 2d 637 (Fla. 1st DCA 1995), this court has never held that paralegal time can be “blended” with attorney time to set a reasonable attorney rate. Further, it is not logical to use a paralegal to help on a client’s case because it is cheaper for the client,…
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Brown v. Jupiter Hosp. & Sedgwick James of Fla., Inc., 695 So. 2d 406 (Fla. 1st DCA 1997)…1061 (Fla. 1st DCA 1993); (trial court failed to enter a judgment, as required by section 57.104, reflecting estimation of legal assistant’s time). Accord Carlson v. Carlson, 639 So. 2d 1094 (Fla. 4th DCA 1994); Whitlow v. South Ga. Natural Gas Co., 650 So. 2d 637 (Fla. 1st DCA 1995). Although the JCC stated in the order that the hours furnished by the paralegals should be considered in setting a reasonable fee, his findings, when considered in their entirety, are so inconsistent that they preclude meaningfu…
Authorities Cited
- Fla. Patient's Comp. Fund v. Rowe, 472 So. 2d 1145 (Fla. 1985)
- In re Est. OF Lester Platt, 586 So. 2d 328 (Fla. 1991)
- Loper v. Allstate Ins. Co., 616 So. 2d 1055 (Fla. 1st DCA 1993)
- Carlson v. Carlson, 639 So. 2d 1094 (Fla. 4th DCA 1994)