Department of Admin., Office of State Employees' Ins. v. Ganson
Decision Date | 13 September 1990 |
Docket Number | No. 75396,75396 |
Citation | 566 So.2d 791 |
Parties | 15 Fla. L. Weekly S469 DEPARTMENT OF ADMINISTRATION, OFFICE OF STATE EMPLOYEES' INSURANCE, Petitioner, v. Terri J. GANSON, Respondent. |
Court | Florida Supreme Court |
Augustus D. Aikens, Jr., Gen. Counsel, Dept. of Admin., Tallahassee, for petitioner.
Kenneth D. Kranz of Eric B. Tilton, P.A., Tallahassee, for respondent.
Pursuant to article V, section 3(b)(3), Florida Constitution, we accepted jurisdiction in Ganson v. Department of Administration, 554 So.2d 522 (Fla. 1st DCA 1989), to resolve conflict with Standard Guaranty Insurance Co. v. Quanstrom, 555 So.2d 828 (Fla.1990).
Ganson successfully litigated a claim for state health insurance benefits in which the district court of appeal ordered a hearing to determine an appropriate attorney's fee. Ganson v. Department of Admin., 554 So.2d 516 (Fla. 1st DCA 1989). * The hearing officer submitted a report, which the district court adopted in toto. In that report, the hearing officer recognized that there was a split of authority on the issue but concluded that a contingency-risk multiplier was required because there was a contingent-fee agreement between the client and her attorney.
A few weeks after the district court of appeal affirmed the fee award, we issued Quanstrom, which held that the multiplier is not automatically required in contingent-fee cases. Quanstrom, 555 So.2d at 831. Therefore, the opinion below is incorrect and must be quashed. We remand for reconsideration in light of Quanstrom.
It is so ordered.
* That decision is not under review here.
To continue reading
Request your trial-
Procacci Commercial Realty, Inc. v. Department of Health and Rehabilitative Services, 95-3317
...parties can agree on the amount of fees and costs, evidence has to be taken on these questions. See Dep't of Admin., Office of State Employees' Ins. v. Ganson, 566 So.2d 791 (Fla.1990). Entitlement is limited to fees and costs reasonably incurred by appellees in defending the appeal. While ......
-
State Farm Fire & Cas. Co. v. Palma
...that attorney fees may also be recoverable for the time spent litigating entitlement to attorney fees."), quashed on other grounds, 566 So.2d 791 (Fla.1990); Tiedeman v. City of Miami, 529 So.2d 1266, 1267 (Fla. 3d DCA 1988) ("[A]ttorney's fees were properly awardable under the ... statute ......
-
Weaver v. School Bd. of Leon County, 91-2920
...... its brief acknowledges that this court, in Ganson v. State, Department of Administration, 554 So.2d ......
-
State Farm Fire & Cas. Co. v. Palma
...that attorney fees may also be recoverable for the time spent litigating entitlement to attorney fees"), rev'd on other grounds, 566 So.2d 791 (Fla.1990); Tiedeman v. City of Miami, 529 So.2d 1266, 1267 (Fla. 3d DCA 1988) ("attorneys' fees were properly awardable under the above statute for......