Gregg Isbell and Suggs Lawn Equipment, LLC v. Lonnie Bohrer
The Fourth DCA reversed in part a $2.1 million attorney's fees award, holding that a contractual fee provision limited to fees "incurred in the enforcement of this Agreement" was not broad enough to authorize fees for time spent litigating the amount of attorney's fees. The court affirmed the 2.0 contingency multiplier, lodestar calculation, and Quanstrom analysis.
Key facts
- Lonnie Bohrer, a former employee of Greg Isbell, entered a noncompete agreement promising him 12 months' salary at $80,000 per year and 25% of net profit upon any sale of Suggs Lawn Equipment, LLC.
- Bohrer sued for breach of contract, unpaid wages, and breach of the implied covenant of good faith and fair dealing; Isbell countersued.
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Holdings
- Attorney's fees for litigating the amount of fees ('fees for fees') are unavailable under Florida's general rule unless the governing contractual fee provision is broad enough—e.g., covers…
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