Liran Zorella and Zorella Investments, LLC v. Pathman Schermer Tandy, LLP
The Third District affirmed a final judgment awarding a law firm compensatory damages against its former clients for breach of a written retainer agreement. The court rejected the clients' argument that the trial court was required to apply the Rowe lodestar framework before fixing the damages award, holding that Rowe governs fee awards imposed on a non-contracting payor, not contract damages for fees the client itself agreed to pay. The court alternatively noted the claim failed for lack of a trial transcript and failure to preserve the findings issue by a timely rehearing motion.
Key facts
- Law firm Pathman Schermer Tandy, LLP sued its former clients, Liran Zorella and Zorella Investments, LLC, in Miami-Dade County Court for unpaid fees due under a written retainer agreement.
- Following a nonjury trial, the county court entered final judgment for the firm awarding compensatory damages for breach of the retainer agreement.
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Holdings
- The Rowe lodestar methodology does not control the measure of damages in a breach-of-contract action to collect attorney's fees owed by a client under a retainer agreement; Rowe applies to…
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Why it matters
This opinion is a practical reminder for firms suing clients on fee agreements and for clients defending such suits: the elaborate Rowe/lodestar findings that practitioners reflexively demand in fee-shifting litigation… — full analysis with a trial
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