MARC NOEL, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 2004-01-21
No. 4D03-3182
SHAHOOD, TAYLOR and HAZOURI, JJ., concur.
864 So. 2d 1215 Florida District Court of Appeal, Fourth District (2004) Positive Treatment
Cited by 14 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Affirmed. See Hernandez-Molina v. State, 860 So. 2d 483 (Fla. 4th DCA 2003). We certify conflict with Taylor v. State, 818 So. 2d 544 (Fla. 2d DCA), rev. dismissed, 821 So. 2d 302 (Fla.2002).

SHAHOOD, TAYLOR and HAZOURI, JJ., concur.


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  • Joyce v. Federated Nat'l Ins. Co., 228 So. 3d 1122 (Fla. 2017)
    …ber of hours reasonably expended on the litigation.”). . A prevailing party is entitled to an award of attorney's fees under the provisions of 42 U.S.C. § 1988. . Following Sarkis and Dague, in 2004, in Holiday v. Nationwide Mutual Fire Insurance, 864 So. 2d 1215 (Fla. 5th DCA 2004), the Fifth District Court of Appeal certified the following question, in an attempt to clarify the effect of the United States Supreme Court's holding in Pague on this Court's jurisprudence: IN LIGHT’ OF THE SUPREME COURT’S DECI…
  • Progressive Express Ins. Co. v. Schultz, 948 So. 2d 1027 (Fla. 5th DCA 2007)
    …the ability to obtain a fee multiplier in long shot cases, routinely approves fees that reward lawyers for pursuing cases that have little chance of success. The riskier the case, the greater the multiplier. See Holiday v. Nationwide Mut. Fire Ins., 864 So. 2d 1215 (Fla. 5th DCA 2004) (upholding the use of a multiplier when the trial court found that “both attorneys took the case as a ‘flyer’ in the hope of ‘getting lucky’ and recovering a huge fee”). “An attorney operating on a contingency-fee basis pools the…
  • …circuit court.” Fla. R.App. P. 9.160(f)(1); State v. Muldowny, 871 So. 2d 911, 913 (Fla. 5th DCA 2004). “[T]he standard of review with respect to the application of a multiplier is one of abuse of discretion.” Holiday v. Nationwide Mut. Fire Ins., 864 So. 2d 1215, 1218 (Fla. 5th DCA 2004); see also Discovery Experimental & Dev., Inc. v. Dep’t of Health, 824 So. 2d 195,196 (Fla. 2d DCA 2002) (“Appellate courts apply an abuse of discretion standard in reviewing a trial court’s determination on the entitlement…

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