Background
Citizens Property Insurance Corporation appealed a Miami-Dade County circuit court final judgment awarding attorney’s fees and costs to its insureds, Rosanna and Randy Weber. Citizens challenged the contingency fee multiplier awarded to the Webers’ trial co-counsel, Alvarez Feltman Da Silva & Costa, PLLC.
Citizens also challenged the judgment’s post-judgment-interest provision, which set a fixed interest rate to apply until the judgment was paid.
The Court’s Holding
The Third District affirmed the fee and cost award, including the contingency fee multiplier. It held that the trial court’s use of the multiplier was supported by competent, substantial evidence.
The court reversed the post-judgment-interest provision. Section 55.03(3), Florida Statutes, requires the rate to be adjusted annually on January 1 according to the rate then set by the Chief Financial Officer; it may not remain fixed until payment.
Key Takeaways
- A contingency fee multiplier may stand when supported by competent, substantial evidence.
- Attorney-fee awards and application of a multiplier are reviewed for abuse of discretion.
- Florida post-judgment interest must be calculated at the variable statutory rate, with annual adjustments.
Why It Matters
The decision preserves the insureds’ fee award while reinforcing that appellate courts will require evidentiary support for a contingency multiplier. It also provides a straightforward correction for Florida judgments: post-judgment interest must track the annually adjusted statutory rate rather than a single fixed rate.