R. H. COODY & ASSOCIATES, INC., ET AL., PETITIONERS,
v.
RAYMOND T. SHELTON ET AL., RESPONDENTS
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The Florida Supreme Court reviewed a workers' compensation case involving the award of attorney fees to claimant's counsel. The court upheld the finding of permanent total disability but found the $13,000 attorney fee award of $325/hour excessive and remanded for reduction based on factors in the Code of Professional Responsibility.
The court upheld the disability finding and benefits as supported by competent and substantial evidence but found the attorney fee award plainly excessive. The case was remanded to the Industrial Relations Commission to reduce the fee award using factors listed in the Code of Professional Responsibility, Disciplinary Rule 2-106.
[1] A finding of permanent and total disability in a workmen's compensation claim is affirmed if supported by competent and substantial evidence.
[2] An award of attorney fees in a workmen's compensation case may be deemed excessive if it results in an unreasonably high hourly rate, even when considering expert testimo…
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Join FLexlaw to unlock all legal intelligence“The record shows that the finding of permanent, total disability and award of benefits are supported by competent and substantial evidence.”
Establishes that the disability finding was properly supported and would be affirmed
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Join FLexlaw to unlock all legal intelligenceR.T. Shelton filed a workers' compensation claim. The Judge of Industrial Claims found him permanently and totally disabled and awarded appropriate be…
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BOYD, Justice.
On a workmen’s compensation claim by R. T. Shelton the Judge of Industrial Claims found Shelton permanently and totally disabled and ordered appropriate benefits. Shelton’s attorney had not kept a time record, but he estimated that he had spent forty hours on the claim. The Judge awarded an attorney fee of $13,000. The Industrial Relations Commission unanimously affirmed the award of benefits and, by a split vote, affirmed the attorney fee award, Commissioner Friday dissenting.
The employer and its insurance carrier now petition this Court for certiorari because, in their view, both the disability finding and the award of attorney fees depart from the essential requirements of law.
The record shows that the finding of permanent, total disability and award of benefits are supported by competent and substantial evidence. The Commission, therefore, correctly affirmed them. Scholastic Systems, Inc. v. LeLoup, 307 So. 2d 166 (Fla.1974). The award of attorney fees, however, is plainly excessive. If the attorney, as he estimated, spent forty hours on the claim, his rate of compensation is $325.00 per hour. Expert testimony before the Judge of Industrial Claims offered that cases of this kind often necessitate up to sixty hours of work by an attorney. Even if the award is predicated on this testimony it is excessive. Certiorari is granted and the cause is remanded to the Industrial Relations Commission for a reduction of the award of attorney fees. In setting the award the Commission should consider the factors listed in The Code of Professional Responsibility, Disciplinary Rule 2-106, Fees for Legal Services.*
It is so ordered.
OVERTON, C. J., and ENGLAND, SUNDBERG and KARL, JJ., concur. ADKINS, J., dissents and would affirm the Order of the Industrial Relations Commission.
HATCHETT, J., dissents.
*
See Lee Engineering & Construction Co. v. Fellows, 209 So. 2d 454 (Fla. 1968).
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Kaufman & Broad Home Sys., Inc. v. Sebring Airport Auth., 366 So. 2d 1230 (Fla. 2d DCA 1979)…rate of $100 per hour. Taking into consideration that relevant criteria applicable to setting fees for legal [*1232] services, we are compelled to evaluate an award of $340 per hour as being excessive. See R. H. Coody & Associates, Inc. v. Shelton, 352 So. 2d 852 (Fla.1977). We reverse the award of attorney’s fee and remand to the trial court for a redeter-mination of attorney’s fee based on the guidelines set out in this opinion. REVERSED and REMANDED. RYDER and DANAHY, JJ., concur.…
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Dalia v. Alvarez, 605 So. 2d 1282 (Fla. 3d DCA 1992)…f the time claimed was unnecessary.4 On the basis of the foregoing we conclude that there was nothing complex about the case that an experienced attorney could not have handled in one-half the time claimed. See R.H. Coody & Assocs., Inc. v. Shelton, 352 So. 2d 852 (Fla.1977); Schreiber v. Palmer, 427 So. 2d 235 (Fla. 3d DCA 1983); Guthrie v. Guthrie, 357 So. 2d 247 (Fla. 4th DCA 1978). Accordingly, we reverse and remand with instructions to award appellate fees in an amount not to exceed $5,000. .We observe…
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Brevard Cnty. v. Canaveral Props., Inc., 696 So. 2d 1244 (Fla. 5th DCA 1997)…st be reasonable. One that is bloated because of excessive time spent, or unnecessary services rendered, or duplicate tasks performed by multiple attorneys does not meet that criterion of reasonableness. See R.H. Coody & Associates, Inc. v. Shelton, 352 So. 2d 852 (Fla.1977); The Florida Bar v. Moriber, 314 So. 2d 145 (Fla.1975); Seminole County v. Delco Oil, Inc., 669 So. 2d 1162 (Fla. 5th DCA), rev. denied, 682 So. 2d 1100 (Fla.1996). The propriety of an attorney fee award for multiple attorneys performing…
Previewing 3 of 9 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Gray v. Attorney Gen., State of Fla. and/or State Attorney, Cir. Court, Volusia Cnty., Fla., 209 So. 2d 454 (Fla. 1968)
- Scholastic Sys. v. LeLOUP, 307 So. 2d 166 (Fla. 1974)