SOUTHERN FARM BUREAU LIFE INSURANCE COMPANY, APPELLANT,
v.
SARAH L. HOOVER, INDIVIDUALLY AND AS PERSONAL REPRESENTATIVE OF THE ESTATE OF ROBERT R. HOOVER, DECEASED, APPELLEE
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Southern Farm Bureau Life Insurance Company appealed a jury verdict awarding life insurance policy proceeds to Sarah Hoover, while Hoover cross-appealed the award of attorney's fees to the defendant. The appellate court affirmed the underlying judgment and prejudgment interest but reversed and remanded the attorney's fees award due to insufficient findings of fact.
The underlying judgment and prejudgment interest award are affirmed. The attorney's fees award is reversed and remanded because the order lacks required findings: the amount of time reasonably spent by each attorney, their hourly rates, and grounds justifying any contingency risk multiplier. The trial court must correct these deficiencies on remand.
[1] An award of attorney's fees must contain findings of fact detailing the amount of time reasonably spent and the hourly rates for each attorney.
[2] The use of a contingency risk multiplier in an attorney's fee award requires specific findings justifying its application.
Previewing 2 of 5 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“The trial court awarded attorney's fees to both the plaintiff, pursuant to Section 627.428(1), Florida Statutes (2001), and the defendant, pursuant to Section 812.035(7), Florida Statutes (2001).”
Establishes that both parties received attorney's fees awards from the trial court, which became the subject of cross-appeals.
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Join FLexlaw to unlock all legal intelligenceA jury verdict awarded the plaintiff proceeds from a life insurance policy. The trial court awarded attorney's fees to both the plaintiff under Sectio…
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PER CURIAM.
The defendant, Southern Farm Bureau Life Insurance Company, appeals a jury verdict, awarding the plaintiff proceeds from a life insurance policy. The plaintiff has cross-appealed the award of attorney’s fees to the defendant on the civil theft claim. Numerous issues have been raised. We affirm the underlying judgment and the award of prejudgment interest. We reverse the award of attorney’s fees and remand the case to the trial court for entry of an order in conformance with Fla. Patient’s Comp. Fund v. Rowe, 472 So. 2d 1145 (Fla.1985) and Executive Square, Ltd. v. Delray Executive Square, Ltd., 553 So. 2d 803, 804 (Fla. 4th DCA 1989).
The trial court awarded attorney’s fees to both the plaintiff, pursuant to Section 627.428(1), Florida Statutes (2001), and the defendant, pursuant to Section 812.035(7), Florida Statutes (2001). As to the opposing party, both sides argue that the attorney’s fee order fails to contain the requisite findings of fact and further argue that the record is insufficient to support the fee awards.
We agree that the order is insufficient. First, as it pertains to each attorney, the order fails to contain the amount of time reasonably spent in the litigation and it further fails to state their hourly rates. Rowe, 472 So. 2d at 1151; Blits v. Renaissance Cruises, Inc., 647 So. 2d 971 (Fla. 4th DCA 1994). And second, the order includes a contingency risk multiplier, but fails to state the grounds justifying its use. See Executive Square, Ltd., 553 So. 2d at 804. Both of these deficiencies must be corrected on remand.
We disagree, however, that the record is insufficient to support some form of attorney’s fees award. We have thoroughly reviewed the transcript of the attorney’s fees hearing. The record is replete with testimony and documentary evidence. However, the absence of written findings in the order coupled with a lack of verbal findings on the record requires a reversal. Compare Blits, 647 So. 2d at 972 (a written order’s deficiencies may be harmless if the requisite findings are pronounced by the judge on the record).
In all other respects the underlying judgment is affirmed. The case is remanded for further proceedings.
STONE, HAZOURI and MAY, JJ., concur.
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LOW Cost Auto Pawn, Inc. v. Greco, 851 So. 2d 768 (Fla. 2d DCA 2003)…contract for contingency attorney’s fees. Because the trial court failed to make findings regarding the Rowe factors, reversal is required. See Lara v. Fortune Ins. Co., 545 So. 2d 909, 910 (Fla. 2d DCA 1989); S. Farm Bureau Life Ins. Co. v. Hoover, 833 So. 2d 261, 261-62 (Fla. 4th DCA 2002). On remand, the trial court shall also recalculate the amount of costs because the cost award erroneously includes a portion of attorney’s fees. See Jones v. ETS of New Orleans, Inc., 793 So. 2d 912, 915 (Fla.2001) (holdi…
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Roger Kennedy Constr., Inc. v. Amerisure Ins., 506 F. Supp. 2d 1185 (M.D. Fla. 2007)…erly” as well as "[t]he experience, reputation, and ability of the lawyer or lawyers performing the services.” Fla. Patient’s Compensation Fund v. Rowe, 472 So.2d 1145, 1150 (Fla. 1985)); see also So. Farm Bureau Life Ins. Co. v. Hoover, 833 So.2d 261, 261 (Fla. 4th DCA 2002) (indicating standards set forth in Rowe apply to award of attorney’s fees under Florida Statutes Section 627.428(1)).…
Authorities Cited
- Fla. Patient's Comp. Fund v. Rowe, 472 So. 2d 1145 (Fla. 1985)
- Blits v. Renaissance Cruises, Inc., 647 So. 2d 971 (Fla. 4th DCA 1994)
- Executive Square, Ltd. v. Delray Executive Square, Ltd., 553 So. 2d 803 (Fla. 4th DCA 1989)