183 So. 3d 1134
Fla. Dist. Ct. App.2015Background
- Pulloquinga’s home was destroyed by fire in May 2011; she had a homeowner’s policy with Citizens and received an initial $5,000 payment but no further payment.
- She sued Citizens in March 2012 after protracted, contentious litigation in which Citizens asserted defenses including arson, fraud, misrepresentation, lack of coverage, and ownership/occupancy disputes; 27 depositions and multiple hearings occurred and summary judgment was entered for Pulloquinga on Citizens’ defenses.
- On the eve of a rescheduled trial in May 2013, Citizens agreed to pay full policy limits plus attorney’s fees and costs; payment was later made after some delay.
- The trial court held an evidentiary hearing and entered a Final Judgment awarding attorney’s fees (including a 1.5 multiplier) and costs; Citizens appealed limited aspects of that award.
- The trial court found counsel’s work was extensive and high-quality, the result was full recovery, the contingency arrangement and client’s inability to pay supported a multiplier, and that certain travel-related fees and a back-up expert fee had been awarded below.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a contingency multiplier was appropriate | Multiplier needed because plaintiff could not pay up-front, few attorneys would accept the case on contingency and try it to verdict | Multiplier unnecessary; market did not require it | Affirmed: 1.5 multiplier justified under Quanstrom factors (market, inability to mitigate, contingency, results) |
| Whether travel time should be awarded as fees | Travel time is compensable | Travel time not taxable under Uniform Guidelines | Reversed: travel time improperly awarded; remand to quantify and deduct travel-time fees |
| Whether counsel’s travel expenses are recoverable as costs | Travel expenses incurred are taxable costs | Statewide Uniform Guidelines prohibit taxing travel expenses | Reversed in part: order reduces costs by $2,357.09 for travel expenses |
| Whether back-up expert fees are taxable as costs | Back-up expert costs were necessary and incurred | Necessity not shown; not taxable without proof | Reversed: deduct $7,500 for back-up expert; necessity not established |
Key Cases Cited
- Florida Patient’s Compensation Fund v. Rowe, 472 So. 2d 1145 (Fla. 1985) (factors for determining reasonable attorney’s fees)
- Standard Guaranty Ins. Co. v. Quanstrom, 555 So. 2d 828 (Fla. 1990) (three-factor test for contingency multipliers)
- TRG Columbus Dev. Venture, Ltd. v. Sifontes, 163 So. 3d 548 (Fla. 3d DCA 2015) (evidentiary support for market-need multiplier)
- In re Amendments to Uniform Guidelines for Taxation of Costs, 915 So. 2d 612 (Fla. 2005) (travel time and certain travel expenses not taxable)
- Michnal v. Palm Coast Dev., Inc., 842 So. 2d 927 (Fla. 4th DCA 2003) (multiplier rationale to provide access to competent counsel)
- Kendall Racquetball Invs., Ltd. v. Green Cos., Inc. of Fla., 657 So. 2d 1187 (Fla. 3d DCA 1995) (expert fees taxable only if necessity shown)
Affirmed in part; reversed in part and remanded with instructions to deduct specified travel and back-up expert costs.