Opinion
No. 78-2132.
December 7, 1979.
Appeal from Circuit Court, Pasco County; Wayne L. Cobb, Judge.
Phillip A. Baumann and Joseph G. Thresher of Shackleford, Farrior, Stallings Evans, P.A., Tampa, for appellant.
Law Offices of Robert S. Levy, West Palm Beach, for appellee.
We affirm the judgment, but remand for reduction of the attorney's fee awarded. Section 627.756(2), Fla. Stat. (1977), permits an award of attorney's fees of not more than 12 1/2% of the amount of final judgment. The attorney's fee awarded below was $5,000.00, more than 12 1/2% of the final judgment of $7,132.89. The trial court should reduce the award to an amount not greater than 12 1/2% of the final judgment of $7,132.89. Appellee's motion for appellate attorney's fees is granted, and the trial court is directed to award a reasonable fee on remand.
SCHEB, Acting C.J., and OTT and RYDER, JJ., concur.