I learned many years ago the problem with getting your attorneys fees from FIGA.  I won a case against an insurer and was awarded a sizeable attorneys fee after a fee hearing.  The day after the fee order was entered the insurance company went under.  They were ultimately taken over by the Florida Insurance Guaranty

In Point East Four Condominium Corporation, Inc., ____ So.3d ____ (Fla. 4th DCA 2010), a public adjuster sued his client for payment of its 10% contingency fee.  The client defended by showing that there had been no recovery and therefore no fee was due.  The trial court dismissed the case.

The contract between the PA and the client stated "the prevailing party in any action shall be entitled to reasonable attorney’s fees."  The client moved for fees, and the trial court denied the request.


Continue Reading Client Awarded Fees Against Public Adjuster

Florida Rule of Civil Procedure 1.525 requires that any party seeking to tax attorney’s fees and costs “shall serve a motion no later than 30 days after filing of the judgment, including a judgment of dismissal, or the service of a notice of voluntary dismissal.”

In Ramle International Corporation v. The Greens Condominium Association, ____

In Clifton v. United Casualty Insurance Company of America, ____ So.3d ____ (Fla. 2nd DCA February 12, 2010), Clifton sustained damage to his home due to Hurricane Charlie. Clifton notified United, his homeowners insurer, of the loss and United inspected the home. United made a payment for what it considered the compensable damage.

Clifton states that he them complained numerous times to United and to his insurance agent that the payment was inadequate. After his complaints were ignored, Clifton filed suit against United for breach of contract.

United then moved for appraisal which the trial court ordered. The appraisal resulted in an award for $18,744.24. United paid this amount and Clifton then moved for attorneys fees. United moved for summary judgment and filed a response to the motion for attorneys fees. United argued that it was not responsible for those fees because it had not wrongfully withheld any insurance benefits. United claimed – with no record evidence to support it – that it was unaware that Clifton was dissatisfied with its prior payments. In response to the motion for summary judgment Clifton filed an affidavit outlining his repeated attempts to notify both United and his agent that the prior payment was insufficient. The trial court granted United’s summary judgment and denied Clifton’s motion for attorneys fees.


Continue Reading 2nd DCA Discusses When Attorneys Fees are Due After Insurer Demands Appraisal

In Palm Beach Polo, Inc. v. TJ Palm Beach Associate, L.P., ____ So.3d ____ (Fla. 4th DCA November 25, 2009), the trial court granted TJ Palm’s motion for attorneys fees and awarded fees. 

Palm Beach Polo appealed, arguing that the trial court failed to make express written findings in its order as to the time reasonably expended

Today, in Massie v. Progressive Express Insurance Company, ____ So.3d ____ (Fla. 1st DCA November 17, 2009), the Circuit Court sitting in its appellate capacity reversed the trial judge’s order awarding a multiplier.  The Circuit Court reversed because the insured did not testify that she had difficulty securing counsel to represent her in the cause without

In Hingson v. MMI of Florida, Inc., ____ So.2d ____ (Fla. 2nd DCA March 18, 2009), the trial court required the losing party to pay the prevailing parties attorney’s fees.  However, the trial court refused to award prejudgment interest on the attorney’s fees from the date which the prevailing party became entitled to the the attorney’s