Universal Property & Casualty Insurance Company v. Orlando Cisneros Dameras
The Third DCA affirmed the lodestar fee computation but reversed the trial court's application of a 2.5 contingency risk multiplier, holding the record contained no competent substantial evidence that the relevant market required a multiplier to obtain competent counsel. The court also reversed costs taxed for two retained experts who prepared for trial but did not testify, as unauthorized under section 92.231(2).
Key facts
- After settling a first-party property insurance claim, the insured was awarded attorneys' fees and costs against Universal Property & Casualty.
- The trial court awarded a lodestar of $389,362.50 enhanced by a 2.5 contingency risk multiplier, totaling $973,406.25, plus $138,658.25 in costs including fees for non-testifying experts.
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Holdings
- A contingency fee multiplier under Rowe and Quanstrom requires competent substantial evidence on the first Quanstrom factor — that the relevant market required a multiplier to obtain…
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Why it matters
This opinion reinforces the demanding evidentiary showing required before a Florida court may enhance a fee award with a contingency risk multiplier, especially the requirement that the prevailing party prove competent… — full analysis with a trial
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