15 Fla. L. Weekly Supp. 1162b
Insurance — Personal injury protection — Attorney’s fees — No abuse of discretion in awarding attorney’s fees and costs stipulated as reasonable by both parties’ experts prior to hearing but claimed to be unreasonable by insurer because of inaccurate time-keeping by attorney
UNITED AUTOMOBILE INSURANCE COMPANY, a Florida corporation, Appellant, vs. JAMES EWING, a/a/o Irma Gladys Roshon, Appellee. Circuit Court, 17th Judicial Circuit (Appellate) in and for Broward County. Case No. 07-22394 CACE 18. L.T. Case No. 06-12921 COCE 50. September 22, 2008. Counsel: Ivy Ginsberg, United Automobile Insurance Company, Office of General Counsel, Coral Gables. Dean A. Mitchell, Ocala. Cris Boyar, Margate, for Appellee.
OPINION
(JOHN T. LUZZO, J.) THIS CAUSE comes before this Court, sitting in its appellate capacity, upon an appeal by United Automobile Insurance Company (“United”), of the trial court’s Final Judgment awarding attorney fees to Appellee. Having considered the briefs of both parties, the record on appeal, applicable law, and being otherwise fully advised in the premises, this Court finds and concludes as follows:
On August 22, 2007 the trial court conducted a hearing for attorney’s fees and costs. Both parties retained expert witnesses who reviewed the time sheets of the Appellee’s attorney, Mr. Cris Boyar. Initially, Mr. Boyar sought attorney’s fees for 76.4 hours of work at a rate of $375 per hour and 1.3 hours of work at a rate of $225.00 for his associate. At the hearing, both parties stipulated as to the reasonableness of a reduction of hours worked, from 76.4 to 73.4 hours at the same rate of $375 per hour. However, Appellant argued for a further reduction of the hours worked based on its expert witness’s testimony that Mr. Boyar’s time sheets were inaccurate. After hearing testimony from both experts, the trial court held in favor of the Appellee and ordered the payment of attorney’s fees and costs of 73.4 hours at a rate of $375 per hour. An Amended Final Judgment was entered including 1.3 hours at $225.00 per hour for the associate plus interest. The issue on appeal is whether the trial court erred by awarding Appellee’s attorney fees and costs stipulated as reasonable by both parties’ experts but considered unreasonable by Appellant because of inaccurate time keeping by Mr. Boyar.
The standard of review is that of“abuse of discretion.” Bryan & Sons Corp. v. Klefstad, 265 So. 2d 382 (Fla. 4th DCA 1972). “Where the trial court is authorized to award attorneys’ fees, such award being within the sound discretion of the court, the fees will not be disturbed on appeal in the absence of a clear showing of an abuse of that discretion.” Id. at 385.
In the instant case, there is not a clear showing of abuse by the trial court in awarding attorney’s fees and costs to Mr. Boyar. Prior to the hearing a stipulation was made by both parties’ expert witnesses that maintain the hourly rate of $375 per hour with a reduction from 76.4 hours to 73.4 hours was reasonable. Judicial discretion is abused when the trial court’s action is “arbitrary, fanciful, or unreasonable.” Canakaris v. Canakaris, 382 So. 2d 1197 (Fla. 1980). Although the trial court did not fully explain the reasoning behind its holding, this Court holds that the trial judge did not abuse his discretion as there is nothing in the record to indicate the trial court’s ruling was “arbitrary, fanciful, or unreasonable.” The trial court’s decision is supported by competent, substantial evidence presented at the hearing. It is not the prerogative of this Court to reevaluate the weight or credibility of testimony or other evidence accorded by the trial court as the trial court has the superior vantage point from which to make these determinations. See Canakaris at 1203.
Accordingly, the trial court’s Final Judgment is AFFIRMED.
