43 Fla. L. Weekly D1140b
242 So. 3d 1208
Insurance — Attorney’s fees — Insured prevailing in action against insurer — Trial court did not err in applying contingency fee multiplier to attorney’s fee award
SAWGRASS MUTUAL INSURANCE COMPANY, Appellant, v. TERRY MONE AND DIANE MONE, Appellees. 5th District. Case No. 5D15-3061. May 18, 2018. Appeal from the Circuit Court for Volusia County, Dennis Craig, Judge. Counsel: Jack R. Reiter and Robert D. Peters, of GrayRobinson, P.A., Miami, for Appellant. Mark A. Nation and Paul W. Pritchard, of The Nation Law Firm, Longwood, for Appellees.UPON REMAND FROMTHE FLORIDA SUPREME COURT
[Prior Report at 41 Fla. L. Weekly D2044a]
(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.)
