Board of Trustees v. Kicklighter
122 So. 3d 510
| Fla. Dist. Ct. App. | 2013Background
- This case was before the trial court on remand after this court's prior decision in Board of Trustees v. Kicklighter, 106 So.3d 8 (Fla. 1st DCA 2013).
- Trial court awarded appellee Joseph Kicklighter appellate attorney’s fees totaling $52,991.10, allocated between two law firms that represented him on appeal.
- The trial court applied a 1.5 contingency fee multiplier to fees awarded to Delegal Law Offices, P.A., citing Stack v. Lewis to support applying the same multiplier used at trial to appellate work by the same counsel.
- Appellant (Board of Trustees of the Jacksonville Police & Fire Pension Fund) sought review under Fla. R. App. P. 9.400(c), arguing the multiplier was improper because special appellate counsel had been retained and there was no substantial uncertainty of collection.
- Appellant also raised entitlement arguments relying on the Second District’s decision in Parker, contending pension-fund fee statutes might not apply to certain local pension funds; the court found that entitlement was already decided on direct appeal and that appellant had failed to preserve this argument.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Appropriateness of 1.5 multiplier to appellate fees for Delegal | Multiplier improper because special appellate counsel was retained and no substantial risk of nonpayment | Stack controls; same counsel performed most appellate work so multiplier appropriate; multiplier not applied to appellate specialist | Affirmed — no abuse of discretion in applying 1.5 multiplier to Delegal’s appellate fees |
| Entitlement to fees under chapters referenced (175.061/185.05) | Parker decision undermines entitlement for special-law local pension funds | Entitlement already decided on direct appeal; appellant failed to raise/ preserve Parker argument and acquiesced to fee entitlement | Affirmed — entitlement not open; issue waived/ abandoned and appellant previously acquiesced |
Key Cases Cited
- Stack v. Lewis, 641 So.2d 969 (Fla. 1st DCA 1994) (trial-court multiplier determination applies to appellate fees expended by same counsel)
- Jones & Granger v. Johnson, 788 So.2d 381 (Fla. 1st DCA 2001) (abuse-of-discretion standard for fee awards)
- Board of Trustees v. Kicklighter, 106 So.3d 8 (Fla. 1st DCA 2013) (prior appellate decision in this matter)
- Board of Trustees of City Pension Fund for Firefighters & Police Officers v. Parker, 113 So.3d 64 (Fla. 2d DCA 2013) (addressing applicability of fee statutes to special-law pension funds)
- Sunset Harbour Condo. Ass’n v. Robbins, 914 So.2d 925 (Fla. 2005) (preservation rule for appellate issues)
- David M. Dresdner, M.D., P.A. v. Charter Oak Fire Ins. Co., 972 So.2d 275 (Fla. 2d DCA 2008) (issue waived/abandoned when not raised on appeal)