HomeMy WebLinkAbout0643 of at least 250 hours, resulting in a fe~ of approximately
$340,00 per hour. The only witness called on at the hearing ~
on attorneys fees also testified that the case was worth a fee
between $85,000 and $90,000. The judge awarded $85,000.
We are of the opinion that the fee was high, but find
it difficult to reverse and remand as an abuse of the trial
judge's discretion. Section 73.092 of the Florida Statutes,
recently enacted, provides as follows:
In assessing attorney's fees in eminent domain pro-
ceedings, the court shall consider: ~
(1) Benefits resulting to the client from the
services rendered. ~
(2) The novelty, difficulty, and importance of
the guestions involved. ~
(3) The skill employed by the attorney in con-
ducting the cause.
(4) The amount of money involved.
(5) The responsibility incnrred and fulfilled
by the attorney.
(6) The attarney's time and labor reasonably re-
quired adequately to represent the client.
However, under no circumstances shall the attorney's
fees be based solely on a percentage of the award.
This section clearly leaves the award of attorneys fees to the
discretion of the court, within the above set parameters. In
! the case now befare ns, the client received an enormous bene-
!
~ fit from the-representation. The attorne~~ must have used great
~ skill (unless we are to assume that the State's appraisal of ~
~ value was a deliberate underestimate). Certainly $250,000 is
~ a large amount of money involved. The lawyer also resolved an
important question concerning the alleged special enhancement
and demonstrably fulfilled his responsibility to the utmost.
Th~re can be no dou~t as to the complexity of the suit which
required the property owner to obtain three experts whose fees
~ ~
~ totalled nearly 527,000. (The appraiser alone received $16,627).
~
Furthermore, the expenditure of 250 hours on one case, translates
~ into six excltisive weeks of this practitioner's time. Finally,
~ although the statutory wording makes it clear that the award
~ cannot be based "solely on a percentage of the award" (emphasis
~
. .
~ -2- +
~ , - '
~
6~OK282 FAGE 635
~
~
~
~
~ _ _ ,