Marshall v. City of Miami, 1D04-5139.
Decision Date | 20 January 2006 |
Docket Number | No. 1D04-5139.,1D04-5139. |
Parties | Andrew MARSHALL, Appellant, v. CITY OF MIAMI, DEPARTMENT OF CONVENTIONS & MARINAS and Gallagher Bassett Services, Appellees. |
Court | Florida District Court of Appeals |
Edward F. DeVarona & Adrienne Hausser Breuer of Law Offices of Edward F. DeVarona, P.A., Coral Gables, for Appellant.
Jorge L. Fernandez, City Attorney; Mimi V. Turin and Richard S. Otruba, Assistant City Attorneys, Miami, for Appellee City of Miami.
In this workers' compensation case, claimant seeks review of a final order awarding attorney's fees for services rendered by his attorney. The judge of compensation claims determined that claimant's attorney was entitled to a greater fee than that which would result from application of the statutory formula found in section 440.34(1), Florida Statutes (2001). Accordingly, applying the factors listed in that subsection, the judge arrived at a fee of $7,770.00. We agree with claimant that the judge erroneously determined that "[t]he fee customarily charged in the locality for similar legal services" was $150.00 per hour, when the only evidence presented was that the customary hourly rate would be $275.00. See Morris v. Dollar Tree Store, 869 So.2d 704, 706-07 (Fla. 1st DCA 2004) ( ); Smith v. U.S. Sugar Corp., 624 So.2d 315, 319 (Fla. 1st DCA 1993) ( ). We agree also that the judge erroneously deducted 20 unspecified hours from those identified by claimant's attorney. See Sanchez v. Woerner Mgmt., Inc., 867 So.2d 1173, 1174-75 (Fla. 1st DCA 2004) ( ). Accord Smith, 624 So.2d at 318. Claimant's remaining arguments merit neither discussion nor reversal.
We reverse that portion of the "Amended Order on Verified Petition for...
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