Pazmino v. Gonzalez
The Third District affirmed a fee award of $106,774 in lodestar fees enhanced by a 2.0 contingency risk multiplier for a plaintiff who proved fraud, criminal usury, and FDUTPA violations arising from a deceptive real estate/lending transaction. The court rejected the argument that FDUTPA's fee-shifting provision barred a multiplier, noting entitlement also rested on non-FDUTPA claims, and held the record satisfied Quanstrom/Rowe even under a 'rare and exceptional' standard.
Key facts
- Pazmino, a domestic service employee with no assets, sued Gonzalez for fraud, criminal usury, and FDUTPA violations arising from a deceptive real estate and lending transaction.
- The trial court awarded $106,774 in lodestar fees enhanced by a 2.0 contingency risk multiplier after finding the case satisfied the Quanstrom/Rowe factors.
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Why it matters
A rare affirmance of a full 2.0 contingency risk multiplier outside the insurance context, useful to plaintiffs' counsel seeking enhancements in fraud/FDUTPA/consumer cases. The opinion confirms that a FDUTPA… — full analysis with a trial
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