Florida First District Court of Appeal. (Credit: Jhw57 via Wikimedia Commons) In Reversal, Florida Appellate Court Awards $805K in Attorney Fees
The lower court judge held that a $4,000 hourly rate "shocks the undersigned's conscience."
January 25, 2024 at 01:23 PM
4 minute read
What You Need to Know
- The lower court cut a lawyer's attorney fees by nearly 85% by ignoring the contingency fee arrangement the client agreed to and instead imposed an hourly rate standard.
- On appeal, the lawyer argued that the JCC placed undue reliance on a customary hourly rate in departing from the agreed-upon attorney fees amount.
- The First District Court of Appeal agreed, finding that the judge must rely on evidence, not their 'subjective belief and personal experience' in evaluating an attorney fees award.
Florida's First District Court of Appeal reversed a lower court ruling that sought to turn a Jacksonville lawyer's $805,000 in attorney fees into $123,000, in litigation the lower court judge called "the most complex and delicate case" ever before him.
Michael Winer of the Winer Law Group in Tampa represents the plaintiff, Michael Rudolph of Rudolph, Israel, Tucker & Ellis in Jacksonville. Rudolph appealed a ruling by Judge Edward Almeyda of the Offices of the Judges of Compensation Claims on the attorney fees award for a settlement he obtained from defendants, Home Depot U.S.A. Inc. and Liberty Mutual Insurance Co.
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