REDMER SONS COMPANY AND TRAVELERS INSURANCE COMPANY, APPELLANTS,
v.
BEVERLY WAUGH, APPELLEE
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The court reversed a $12,000 attorney's fee award in a workers' compensation case, finding the deputy commissioner's determination unreasonable and unsupported by accurate time records. The award was remanded for recalculation based on proper application of established criteria for reasonableness.
The court held that the $12,000 fee award was unreasonable and not supported by adequate evidence. The estimate of 70 hours did not withstand scrutiny because counsel had no time sheets and the affidavit included time for appeals before the Industrial Relations Commission and a petition for certiorari. Even the alternative estimate of 50 hours would result in a rate of $240 per hour, which is patently excessive.
[1] An attorney's fee award based on an inaccurate or unsubstantiated estimate of hours expended is unreasonable.
[2] An attorney's fee award is unreasonable when it compensates counsel at a patently excessive hourly rate.
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Join FLexlaw to unlock all legal intelligence“The estimate of hours relied on by the deputy commissioner does not bear scrutiny in light of counsel's admission that he did not keep time sheets and had no accurate record of hours devoted to the case.”
Establishes that the primary factual basis for the fee award lacked reliability and proper documentation.
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Join FLexlaw to unlock all legal intelligenceRedmer Sons Company and Travelers Insurance Company challenged an attorney's fee award of $12,000. The claimant's counsel claimed to have expended app…
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PER CURIAM.
Appellants challenge that reasonableness of a $12,000 attorney’s fee award. In an effort to ascertain the basis for said award, we have turned to the deputy commissioner’s order and find that the primary considerations influencing his decision were: benefits in the amount of $68,000; the conclusion that claimant’s counsel expended some 70 hours with considerable correspondence in the case; the medical complexity of the issues, and the bitterness of the defense.
The estimate of hours relied on by the deputy commissioner does not bear scrutiny in light of counsel’s admission that he did not keep time sheets and had no accurate record of hours devoted to the case. The figure used by the deputy commissioner was obviously obtained from an affidavit which erroneously considered time expended in prosecuting an appeal before the Industrial Relations Commission and a subsequent petition for certiorari to the Supreme Court of Florida. Introduced into evidence was a second affidavit in which an attempt was made to estimate the number of hours by file review. The affiant, by utilizing this method, arrived at an estimate of 50 hours, which would compensate claimant’s counsel at the rate of $240 per hour which is patently excessive. R. H. Coody & Associates, Inc. v. Shelton, 352 So. 2d 852 (Fla.1977); Montgomery Ward & Co. v. Matherne, IRC Order 2-3580 (October 27, 1978).
The order dated April 20, 1979, is at variance with numerous court and commission decisions and is accordingly reversed. The cause is remanded to the deputy commissioner with directions that he fix a reasonable attorney’s fee based on the present record in light of all applicable criteria. See R. H. Coody & Associates, Inc. v. Shelton, supra; Publix Supermarket, Inc. v. Rogow, IRC Order 2-3695 (February 9, 1979), cert, filed; Okaloosa County Gas District v. Mandel, IRC Order 2-3679 (January 31, 1979), cert. denied, (Case No. 56,234, September 26, 1979); Lee Engineering & Construction Co. v. Fellows, 209 So. 2d 454 (Fla.1968); State of Florida, Glades Correctional Institution v. Paulk, IRC Order 2-3569 (October 13, 1978); Bonnelson, Inc. v. Benzenhafer, IRC Order 2-3623 (November 30, 1978); Volpe v. Sirozotti & Natale Nobili [*DCCCXCVI] Construction Co., IRC Order 2-3171 (May 31, 1977).
McCORD, SHAW and WENTWORTH, JJ., concur.
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Trans World Tire Co. & Transp. Cas. Ins. Co. v. Hagness, 651 So. 2d 124 (Fla. 1st DCA 1995)…1st DCA 1981) (award of statutory fee based on continuing attendant care benefits without substantial reduction for the circumstances of case, particularly time expended and issue involved, would be an abuse of discretion); Redmer Sons Co. v. Waugh, 377 So. 2d 815 (Fla. 1st DCA 1979) (fee award of $12,000 for fifty hours’ work produced a patently excessive hourly rate of $240). The Handy court recognized that this court had previously held that a fee award will not be reversed solely because a high hourly rat…
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ST. Regis Paper Co. v. Bush, 390 So. 2d 190 (Fla. 1st DCA 1980)…to support the compensation Order. We feel compelled to affirm the Order awarding attorney’s fees, in light of the Supreme Court’s decision in R. H. Coody & Associates, Inc. v. Shelton, 352 So. 2d 852 (Fla.1977). See also Redmer Sons Co. v. Waugh, 377 So. 2d 815 (Fla. 1st DCA 1979). Accordingly, we affirm that Order in its entirety. MILLS, C. J., and McCORD and THOMPSON, JJ., concur.…
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The Coca-Cola Company-Foods Div. (self-insured) v. Warren, 390 So. 2d 1222 (Fla. 1st DCA 1980)…n of the award of attorney’s fees. See Casings, Florida, Inc. v. Williams, 389 So. 2d 705 (Fla. 1st DCA 1980). Otherwise, the order is affirmed. R. H. Coody & Associates, Inc. v. Shelton, 352 So. 2d 852 (Fla.1977). See also Redmer Sons Co. v. Waugh, 377 So. 2d 815 (Fla. 1st DCA 1979). AFFIRMED in part, REVERSED in part, and REMANDED for further proceedings consistent with this opinion. ROBERT P. SMITH, Jr. and THOMPSON, JJ., and LILES, WOODIE A., Associate Judge (Retired), concur.…
Authorities Cited
- Gray v. Attorney Gen., State of Fla. and/or State Attorney, Cir. Court, Volusia Cnty., Fla., 209 So. 2d 454 (Fla. 1968)
- R. H. Coody & Assocs., Inc. v. Shelton, 352 So. 2d 852 (Fla. 1977)