Opinion
Case Nos. 2D03-1605, 2D03-1793 CONSOLIDATED.
Opinion filed January 14, 2004.
Appeals from the Circuit Court for Hillsborough County, Vivian C. Maye, Judge.
Charles W. Hall and Mark D. Tinker of Fowler White Boggs Banker, P.A., Tampa, for Appellant.
Gary A. Magnarini and Mark Hicks of Hicks Kneale, P.A., Hollywood, and Abrahamson Uiterwyk Barnes, Tampa, for Appellee.
In these consolidated cases, Haruya Kawaguchi appeals the final judgment entered in favor of Nancy J. Bentle in a personal injury action arising out of a motor vehicle accident and the contingency fee multiplier awarded to Ms. Bentle's counsel pursuant to the offer of judgment statute, section 768.79, Florida Statutes (2002), and Florida Rule of Civil Procedure 1.442. We affirm the final judgment entered in favor of Ms. Bentle without discussion. We reverse, however, the trial court's award of a contingency fee multiplier in light of the supreme court's holding in Sarkis v. Allstate Insurance Co., 28 Fla. L. Weekly S740 (Fla. Oct. 2, 2003) (holding that a contingency multiplier may not be applied to a fee award pursuant to section 768.79).
Affirmed as to Case No. 2D03-1605; reversed as to Case No. 2D03-1793.
FULMER and SALCINES, JJ., Concur.
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED.