HIGHLANDS INSURANCE COMPANY, APPELLANT,
v.
MORRIS KRAVECAS, APPELLEE
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The appellate court granted rehearing en banc to resolve a conflict between its prior opinions regarding the proper resolution of a case where a plaintiff presented no evidence on the correct measure of damages.
The court held that when a plaintiff presents no evidence on the correct measure of damages, the case should be reversed and remanded for a new trial on damages.
Appellee purchased a gas station/convenience store from appellants. Appellants failed to disclose a pending lawsuit by the Department of Transportatio…
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PER CURIAM.
Although we find no abuse of discretion in the determinations of the time appropriately expended by the plaintiffs attorney and his hourly rate, we conclude that there is no basis for the 2.0 multiplier applied by the trial court. See Standard Guar. Ins. Co. v. Quanstrom, 555 So. 2d 828 (Fla.1990); Gonzalez v. Veloso, 731 So. 2d 63 (Fla. 3d DCA 1999); Simmons v. Royal Floral Distributors, Inc., 724 So. 2d 99 (Fla. 4th DCA 1998); Askowitz v. Susan Feuer Interior Design, Inc., 563 So. 2d 752 (Fla. 3d DCA 1990), review denied, 576 So. 2d 292 (Fla.1991).
Accordingly, the cause is remanded with directions to make an award of one-half of the present judgment for attorney’s fees.
GODERICH and RAMIREZ, JJ., concur.
SCHWARTZ, Chief Judge
(dissenting in part).
I believe that the trial court grossly overassessed the number of hours reasonably required in the conduct of the action, see Miller v. First American Bank and Trust, 607 So. 2d 483 (Fla. 4th DCA 1992), and would therefore also reverse that conclusion.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Standard Guar. Ins. Co. v. Quanstrom, 555 So. 2d 828 (Fla. 1990)
- Miller v. First Am. Bank & Tr., 607 So. 2d 483 (Fla. 4th DCA 1992)
- Gonzalez v. Angel Veloso, M.D., 731 So. 2d 63 (Fla. 3d DCA 1999)
- Askowitz v. Susan Feuer Interior Design, Inc., 563 So. 2d 752 (Fla. 3d DCA 1990)
- Simmons v. Royal Floral Distribs., Inc., 724 So. 2d 99 (Fla. 4th DCA 1998)