12 Fla. L. Weekly Supp. 216d
Insurance — Personal injury protection — Insurer waived right to summary judgment by failing to set motion for hearing — Attorney’s fees — No abuse of discretion in awarding attorney’s fees in excess of contingency fee contract and awarding multiplier
UNITED AUTOMOBILE INSURANCE COMPANY, Appellant, v. RAPHAEL SMITH, Appellee. Circuit Court, 17th Judicial Circuit (Appellate) in and for Broward County. Case No. 02-17613 (02). September 19, 2003. Victor Tobin, Judge. Counsel: Mark Gatica, Coral Gables. Paul S. Adams, Ft. Lauderdale.
OPINION
THIS CAUSE comes before this Court upon the Appellant’s, United Automobile Insurance Company, Consolidated Appeal of three Judgments. This Court having read the Brief, the Answer Brief, having reviewed the case file and being otherwise fully advised hereby finds that:
The Appellant, United Automobile Insurance Company, appeals the February 20, 2002 judgment awarding damages pursuant to a jury verdict, the September 3, 2002 judgment awarding statutory attorney’s fees and cost, and October 18, 2002 judgment awarding prejudgment interest on the attorney’s fees and costs. The Appellee, Raphael Smith was injured in an automobile accident on February 22, 1994 and brought suit against the Appellant for personal injury protection and medical expense benefits. A jury returned a verdict in favor of the Appellee for all medical bills and lost wages for a total amount awarded of $1,715.20. Subsequently, the trial court entered a final judgment awarding the Appellee’s attorney fees in the amount of $62,500.00, based upon 125 hours at a rate of $250 per hour, enhanced by a multiplier of 2.0. The trial court also awarded interest on the attorney’s fees totaling $5,297.94 and awarded costs totaling $1,816.25.
The Appellant raises three issues: whether the trial court abused its discretion by refusing to enter summary judgment for the Appellant on the standing issue where the Appellee executed as assignment of benefits from the Appellee, whether the trial court erred by awarding an attorney’s fee to Appellee’s counsel in excess of the fee in its contingency fee contract, and whether the trial court erred by increasing the amount of fees with a contingency fee multiplier of 2.0 where there was insufficient evidence to support awarding a multiplier in this case.
This Court finds that the Appellant waived his rights to file summary judgment when the Appellant failed to set the motion for hearing. The Judgment rendered February 20, 2001 is affirmed without further opinion.
The Appellant’s second and third argument that the trial court erred by awarding attorney’s fees to Appellee’s counsel in excess of the fee in the contingency fee contract and did not properly apply the multiplier is without merit. The standard of review for a trial court’s award of attorney’s fees and costs is abuse of discretion. In re Estate of McArthur, 443 So.2d 1052 (Fla. 4th DCA 1984) and Goslin v. Racal Data Communications, Inc., 468 So.2d 390 (Fla. 3d DCA 1981). The trial court properly awarded fees pursuant for section 627.428, Florida Statutes (2002); Florida Compensation Fund v. Rowe, 472 So.2d 1145 (Fla. 1985); and Standard Guaranty Insurance Co. v. Quanstrom, 555 So.2d 828 (Fla. 1990).
It is hereby:
ORDERED AND ADJUDGED that the Final Judgments dated February 20, 2002, September 3, 2002, and October 18, 2002 are AFFIRMED.
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