FIRST FEDERAL SAVINGS AND LOAN ASSOCIATION OF the PALM BEACHES, Appellant,
v.
Kim BEZOTTE and Gardens Oaks Homeowner's Association, Appellees.
District Court of Appeal of Florida, Fourth District.
*590 Steven Ellison of Broad and Cassel, West Palm Beach, for appellant.
James A. Bonfiglio, Boynton Beach, for appellee-Kim Bezotte.
ROTHSCHILD RONALD J., Associate Judge.
Appellant sued Appellee Kim Bezotte (Bezotte) to foreclose two mortgages based on Bezottes default status on each of the two separate notes. Bezotte filed an answer asserting affirmative defenses based on the federal Truth In Lending Act (TILA) and stated a counterclaim based on alleged TILA violations. The case proceeded to a non-jury trial after which the trial court entered a separate final judgment as to each count asserted by the appellant.
The trial court granted Bezottes counterclaim in count I based upon enumerated TILA violations, awarding statutory damages under 15 U.S.C. § 1640 in the amount of $2,000 ... there were three (3) adjustments making the total set off $6,000.00. However, the trial court denied Bezottes TILA counterclaim on count II, finding that she had failed to prove any TILA violations on the second note.
Thereafter, Bezotte filed a motion for costs and attorneys fees. Following an evidentiary hearing where both sides presented the testimony of experts, the trial court entered a final order awarding attorneys fees in the amount of $34,100. The courts determination was made in accordance with the factors set forth in Standard Guaranty Insurance Co. v. Quanstrom,
Standard of Review
An award of attorneys fees in a civil case will not be reversed absent an abuse of discretion. See DiStefano Constr., Inc. v. Fidelity & Deposit Co. of Maryland,
This court finds that the trial court did not abuse its discretion when ruling on the lodestar approach by determining a reasonable hourly rate for a reasonable number of hours expended. The only remaining question to explore is whether the trial court erred by awarding Bezotte a contingency fee enhancement. We answer this question in the affirmative.
The trial court made the award of fees under title 15 U.S.C. § 1640(a), which is a federal fee-shifting statute providing for an award of a reasonable attorneys fee to a successful plaintiff seeking recission under TILA. Since the award was made pursuant to a federal statute, this court must analyze the fee award pursuant to the U.S. Supreme Courts interpretation of TILA and similar federal fee-shifting statutes. See International Assn. of Bridge, Structural & Ornamental Ironworkers, AFLCIO v. Blount Int'l, Ltd.,
In City of Burlington v. Dague,
Accordingly, we affirm the finding in the final judgment that relates to the lodestar determination of the reasonable attorneys fee. We reverse the trial courts application of a multiplier and remand for recalculation consistent with this opinion.
SHAHOOD and TAYLOR, JJ., concur.
