14 Fla. L. Weekly Supp. 1022a
Attorney’s fees — Insurance — Personal injury protection — Contingency risk multiplier — Remand for specific findings of fact and conclusions of law to support application of 1.5 multiplier
UNITED AUTOMOBILE INSURANCE COMPANY, a Florida Corporation, Appellant, v. MIAMI CHIROPRACTIC ASSOCIATES, a/a/o Yvrose Perpignan, Appellee. Circuit Court, 11th Judicial Circuit (Appellate) in and for Miami-Dade County. Case Nos. 06-083 AP & 06-156 AP. L.T. Case No. 03-3042 CC 25 (2). August 7, 2007. An Appeal from the County Court for Miami-Dade County, Lawrence D. King, Judge. Counsel: Michael J. Neimand, Office of the General Counsel, United Automobile Insurance Company, for Appellant. Christian Carrazana, Panter, Panter, Sampedro, P.A., for Appellee.
[Editor’s note: County courty order published at 13 Fla. L. Weekly Supp. 273a]
(Before ROTHENBERG, SIGLER, and TRAWICK, JJ.)
(PER CURIAM.) This Court affirms the decision of the trial court granting summary judgment. We also affirm the trial court’s finding that the Appellee, Miami Chiropractic Associates, is entitled to trial court attorney’s fees pursuant to Sec. 627.428, Fla. Stat. (2006). However, this cause is remanded to the trial court for that court to make specific findings of fact and conclusions of law to support its use of a contingency fee multiplier of 1.5, applying the factors set forth in Standard Guaranty Insurance Company v. Quanstrom, 555 So. 2d 828 (Fla. 1990) and Florida Patient’s Compensation v. Rowe, 472 So. 2d 1145 (Fla. 1985). See State Farm Mut. Ins. v. Cedolla, 571 So. 2d 1386, 1387 (Fla. 4th DCA 1990) (competent substantial evidence must exist to support the use of a multiplier).
Additionally, we find that the Appellee is entitled to an award of appellate court attorney’s fees pursuant to Sec. 627.428, Fla. Stat. (2006) and Sec. 59.46, Fla. Stat. (2007). Thus, Appellee’s motion for appellate court attorney’s fees is hereby GRANTED. Consequently, this matter is remanded for the trial court to determine the appropriate amount of appellate attorney’s fees to which the Appellee is entitled
AFFIRMED IN PART AND REMANDED WITH INSTRUCTIONS.
