Volume 16

16 Fla. L. Weekly Supp. 220a

Online Reference: FLWSUPP 163SWART

Insurance — Personal injury protection — Attorney’s fees — Contingency risk multiplier — No abuse of discretion in applying contingency risk multiplier to attorney’s fees award where there is evidence that case was rejected by counsel to which it was referred, case was undesirable case to be taken on contingency fee basis due to adverse judgment in companion case with same EUO issue, and medical provider’s counsel reasonably expected militant resistance from insurer — However, trial court abused its discretion in awarding higher of two multipliers suggested by provider’s expert witness

16 Fla. L. Weekly Supp. 74a

Insurance — Automobile — Attorney’s fees — Prevailing insured — Contingency risk multiplier — Where insured had difficulty obtaining counsel to represent him in suit for automobile collision benefits but ultimately was able to retain expert counsel on contingency basis, and likelihood of success at onset of suit was even, multiplier of 1.5 is appropriate

16 Fla. L. Weekly Supp. 316a

Online Reference: FLWSUPP 164INFIN

Torts — Civil theft — Insurance — Personal injury protection — Attorney’s fees — Medical providers who were sued by insurer for civil theft, unjust enrichment, conversion and fraud seeking award of attorney’s fees following insurer’s voluntary dismissal of complaint without prejudice — Because voluntary dismissal without prejudice does not constitute adjudication on merits, providers are not entitled to award of attorney’s fees under section 627.428 — No merit to claim that section 627.428 is applicable because providers were allowed to keep money they were paid by insurer — Claim for fees under section 772.11 also fails where there is nothing in record to support finding that underlying claims were without substantial factual or legal support

16 Fla. L. Weekly Supp. 895c

Online Reference: FLWSUPP 169SMITH

Insurance — Personal injury protection — Attorney’s fees — Appellate — Amount

16 Fla. L. Weekly Supp. 518a

Online Reference: FLWSUPP 166FORG2

Insurance — Personal injury protection — Attorney’s fees — Appellate fees awarded to prevailing medical provider

16 Fla. L. Weekly Supp. 516b

Online Reference: FLWSUPP 166BASUL

Insurance — Personal injury protection — Attorney’s fees — Appellate fees are awarded to prevailing medical provider

16 Fla. L. Weekly Supp. 633a

Online Reference: FLWSUPP 167BURTO

Insurance — Personal injury protection — Attorney’s fees — Final judgment awarding attorney’s fees does not contain competent substantial evidence of reasonableness of hourly rate or amount of hours expended where judgment does not contain analysis of Rowe factors — Motion for fees under section 57.105 was properly denied where appeal is not frivolous — There is no entitlement to attorney’s fees for presuit work unless work was necessitated by insurer’s unreasonable conduct

16 Fla. L. Weekly Supp. 1198b

Online Reference: FLWSUPP 1612SAWR

Insurance — Attorney’s fees — Appellate — Amount — Attorney’s fees, expert witness fees and prejudgment interest awarded

16 Fla. L. Weekly Supp. 1199b

Online Reference: FLWSUPP 1612GILE

Insurance — Personal injury protection — Attorney’s fees — Amount — Costs, expert witness fees and prejudgment interest awarded

16 Fla. L. Weekly Supp. 502d

Online Reference: FLWSUPP 166ORDOQ

Insurance — Personal injury protection — Attorney’s fees — Amount — Hourly rate — Competent substantial evidence supports finding that higher than normal hourly rates are reasonable hourly rates — Where trial court did not apply contingency risk multiplier, it was not required to make specific findings regarding multiplier or apply Rowe factors — Appellate fees — Justiciable issues — Appellate fees are awarded to prevailing medical provider under section 57.105 where insurer’s appeal was based on incorrect application of case law, and insurer further undermined its appellate arguments by failing to submit attorney timesheets — Provider’s request for award of fees for litigating amount of fees is denied — Request for rule 9.410 sanctions is denied