SOUTHERN LIFE AND HEALTH INSURANCE COMPANY, A FOREIGN CORPORATION, APPELLANT,
v.
GAIL HARRIS, INDIVIDUALLY, AND AS ADMINISTRATRIX OF THE ESTATE OF DONALD ERVIN HARRIS, DECEASED, APPELLEE
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The court held that the trial court erred in awarding attorneys fees based on an arbitrary percentage of the recovery rather than a reasonable assessment.
Appellant disputed an attorneys fee award of $7,500 based on a $15,000 recovery, which the trial court awarded by taking half the recovery without con…
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[*614] LETTS, Judge.
The appellant here disputes an award of $7,500 in attorneys fees under Florida Statute § 627.428, pursuant to a total recovery of $15,000. We reverse and remand.
The statute in question empowers the trial judge to award “a reasonable sum as (attorneys) fees”. However, no “reasonable” guidelines were followed here, the court unequivocally stating that: “I don’t know what the recovery is. I will allow half of the recovery.”
Accordingly, this cause is remanded for a new hearing on attorneys fees. We note that appellant’s counsel claims 130 hours work in this case. If this be established by competent evidence, the court may well repeat the same award, or increase it, because the fee given, albeit on the wrong premise, would then only equal $58.00 per hour. As to appellee’s motion for attorneys fees on appeal, the trial court is directed to consider this in conjunction with this ordered rehearing. If the new fee at the trial level, when arrived at, is substantially the same or greater than before, then reasonable fees on appeal should be awarded. On the other hand, if the new fee is substantially less, then attorneys fees on appeal should not be allowed. For the trial court’s guidance, we would point out that the written argument in appellee’s brief is but two pages long.
REVERSED and REMANDED.
ALDERMAN, C. J., and DOWNEY, J., concur.
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S. Life & Health Ins. Co. v. Harris, 369 So. 2d 1038 (Fla. 4th DCA 1979)…PER CURIAM. We have considered all of appellant’s contentions on this second appeal in this case Fla.App., 353 So. 2d 613 and find them to be without merit. Accordingly, the order appealed from is affirmed and the appellee’s motion for allowance of attorney’s fees is granted in the sum of $1500.00. DOWNEY, C. J., and LETTS and MOORE, JJ., concur.…