UNITED AUTOMOBILE INSURANCE COMPANY
v.
HEALTH CARE FAMILY REHABILITATION CENTER CORP., A/A/O ANTHONY ROMAN

Fla. 3d DCA | 2022-04-27
No. 21-0824
Emas, J., Miller, J., Bokor, J., Silver, J.
Florida District Court of Appeal, Third District (2022)

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Synopsis

Florida appellate court vacated an attorney's fees award because the trial court failed to make written findings required by statute to support the hours determination.

Holding

A trial court must make written findings substantiated by evidence to support an award of attorney's fees under section 627.736(8), Florida Statutes.

Headnotes

[1] In disputes under Florida's Insurance Code between an insured and insurer or an assignee and insurer, a trial court must make written findings substantiated by evidence t…

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Key Quotes

“the trial court failed to make written findings to support such a determination, as required by section 627.736(8), Florida Statutes (2021)”

Court explaining the basis for reversal
Facts & Procedural History

United Automobile Insurance Company appealed a trial court's award of attorney's fees and costs to Health Care Family Rehabilitation Center Corp. The …

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Topics
Professional Standards Written Findings Requirement Statutory Compliance Insurance Law

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Opinion of the Court

PER CURIAM.

ON CONFESSION OF ERROR

United Automobile Insurance Company appeals the trial court’s February 25, 2021, final judgment awarding attorney’s fees and costs in favor of appellee.

United Auto disputed, in material respects, appellee’s motion for attorney’s fees and costs, including a dispute as to the reasonable number of hours expended by appellee’s attorney. The trial court’s order provided that nine hours were reasonably expended by appellee’s counsel. However, and as appellee has properly and commendably conceded, the trial court failed to make written findings to support such a determination, as required by section 627.736(8), Florida Statutes (2021). 1

3

Footnotes
1 That subsection provides in pertinent part: With respect to any dispute under the provisions of ss. 627.730-627.7405 between the insured and the insurer, or between an assignee of an insured's rights and the insurer, the provisions of ss. 627.428 and 768.79 apply, except as provided in subsections (10) and (15), and except that any attorney fees recovered must: (a) Comply with prevailing professional standards; (b) Not overstate or inflate the number of hours reasonably necessary for a case of comparable skill or complexity; and (c) Represent legal services that are reasonable and necessary to achieve the result obtained. Upon request by either party, a judge must make written findings, substantiated by evidence presented at trial or any hearings
2 We therefore vacate the order on appeal and remand the cause for entry of an order that complies with section 627.736(8), Florida Statutes. Order vacated and cause remanded. 2 associated therewith, that any award of attorney fees complies with this subsection. 2 Given our disposition on appellee’s confession of error, we do not reach the other claims raised by United Auto.

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