This is the conclusion of an article which began with the post here on Wednesday, February 27, 2013.
A little over one month after the lawsuit was filed, and approximately one month after the homeowner's Motion for Leave to Amend to Add a Punitive Damages Claim was filed, the Carrier paid the homeowner "the depreciation amount it had previously withheld from the appraisal award." Sunshine State Insurance Co. v. Davide, 2013 WL 616226 *1 (Fla. 3d DCA February 20, 2013). This amount was $49,000.00. Sunshine State Insurance Co. v. Davide, 2013 WL 616226 *2 (Fla. 3d DCA February 20, 2013).
After determining the issue of the homeowner's entitlement to Attorney's Fees, and after three days of testimony from the homeowner's attorney, from an Expert Witness for the homeowner, and from an Expert Witness for the Homeowner's Insurance Company, the Trial Court considered the homeowner's attorney's claim for 225 hours of time at $650.00 per hour. Following Florida law in such matters, the Trial Court entered "a very detailed Order." The Trial Court used a required lodestar approach to enhanced attorney's fees in such cases "and the eight factors required to be used in an attorney's fees hearing, pursuant to Rule 4.1-5(a), Rules of Professional Conduct." The Trial Court also consulted several Florida Supreme Court decisions controlling these points. The Trial Court awarded "150 hours at $450.00 per hour plus a multiplier of 2.0 with costs and expert fees." Sunshine State Insurance Co. v. Davide, 2013 WL 616226 *2 (Fla. 3d DCA February 20, 2013).
The resulting award of Attorney's Fees totals $138,000, "close to three times the amount of the recovered depreciation amount." Sunshine State Insurance Co. v. Davide, 2013 WL 616226 *2 (Fla. 3d DCA February 20, 2013).
The Homeowner's Carrier then made a firm decision. It decided that it would be a good idea to appeal the award in this case.
The Florida Appellate Court disagreed. It affirmed the award.
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