Shelly L. Hall, M.D., P.A. v. White
97 So. 3d 907
| Fla. Dist. Ct. App. | 2012Background
- The appellant, Dr. Shelly L. Hall, P.A. d/b/a Island Pediatrics, appeals a judgment awarding $92,812 in attorney’s fees to the appellees, Dr. Bonnie K. White and White, P.A.
- Appellees prevailed on an unpaid wage claim under §448.08 and also pursued a separate claim regarding Dr. White’s status as an independent contractor; §448.08 does not apply to independent contractors.
- The trial court awarded the requested fees under §448.08 and separately under §57.105, and scheduled an evidentiary hearing on the amount of fees.
- At the fee hearing, the appellees argued the issues were inextricably intertwined; no detailed time records were introduced; only testimony from Winter supported the intertwining claim.
- The First District reversed and remanded, holding that the §448.08 award was an abuse of discretion and that §57.105 fees should be allocated rather than charged solely to the appellant; on remand, a new fee hearing was required to allocate fees to the wage claim and reduce §57.105 fees.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether §448.08 fees were properly allocated | Hall argued the wage and contractor claims were separable | White argued the claims were inextricably intertwined | Not intertwined; erroneous allocation |
| Whether §57.105 fees could be assessed solely against Hall | Fees should be split between Hall and her attorney | Fees properly charged to appellant’s conduct | Abused to charge solely against Hall |
| Whether a new fee hearing was required to address allocation to the wage claim | A separate fee determination is necessary for the §448.08 wage claim | Existing fee award encompassed all claims | Remand for a new fee hearing limited to the wage claim |
Key Cases Cited
- Ocean Club Cmty. Ass’n v. Curtis, 935 So.2d 513 (Fla. 3d DCA 2006) (claims could be independently actionable; not necessarily intertwined)
- Lubkey v. Compuvac Systems, Inc., 857 So.2d 966 (Fla. 2d DCA 2003) (burden to allocate fees between claims; allocation required when feasible)
- Crown Custom Homes, Inc. v. Sabatino, 18 So.3d 738 (Fla. 2d DCA 2009) (expert opinion insufficient to establish intertwined claims without factual support)
- Neustein v. Miami Shores Village, 837 So.2d 1054 (Fla. 3d DCA 2002) (role of apportionment in fee awards; halving if shared relief)
- Goodwin v. Blu Murray Ins. Agency, Inc., 939 So.2d 1098 (Fla. 5th DCA 2006) (§448.08 applicability to wage claims, not to independent contractors)