SAWGRASS MUTUAL
v.
MONE

Fla. 5th DCA | 2018-05-14
No. 5D15-3061
242 So. 3d 1208 Florida District Court of Appeal, Fifth District (2018) Positive Treatment
Also reported at: 43 Fla. L. Weekly S185
Cited by 2 cases

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Holding

Attorney's fees including a multiplier are affirmed, but the award of court costs for two expert witness services must be reversed and struck from the judgment.


Headnotes

[1] A trial court may apply a multiplier to an attorney's fees award in insurance litigation where the circumstances support such an enhancement.

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Facts & Procedural History

Sawgrass Mutual Insurance Company appealed a circuit court judgment in an insurance-related dispute against Terry and Diane Mone. The trial court awar…

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Opinion of the Court

PER CURIAM.

Our prior opinion of September 2, 2016, was disapproved by the Florida Supreme

Court “to the extent it is inconsistent with [the Florida Supreme] Court’s opinion in Joyce v. Federated Nat’l Ins. Co., 228 So. 3d 1122 (Fla. 2017),” and the case was remanded to this court “for instructions not inconsistent with th[e] Court’s opinion in Joyce.” See Mone v. Sawgrass Mut. Ins. Co., 43 Fla. L. Weekly S185 (Fla. Apr. 20, 2018). Upon reconsideration, we affirm the final judgment awarding attorney’s fees, including the trial court’s application of a multiplier to the attorney’s fees award. Based upon Appellees’ prior concession of error, we reverse the award of $26,918.43 in court costs regarding the services provided by two of Appellees’ expert witnesses, Nettles & Associates and

Reliable Field Services of Central Florida, Inc. On remand, the trial court is directed to strike this amount from the final judgment.

AFFIRMED in part; REVERSED in part; and REMANDED, with instructions.

COHEN, C.J., LAMBERT, J., and LEMONIDIS, R.C., Associate Judge, concur.


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