U.S. Block Corp. v. T.A.W. Corp.

Full title: U.S. BLOCK CORPORATION, f/k/a U.S.B. Acquisition Company, Inc.; and WALTER…

Court: District Court of Appeal of Florida, Fourth District

Date published: Apr 29, 1998

710 So. 2d 999 (Fla. Dist. Ct. App. 1998)

Opinion

No. 96-3200 96-3695

Opinion filed April 29, 1998

Consolidated appeals from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; James T. Carlisle, Judge; L.T. Case Nos. CL 87-8107 AE and CL 89-2207 AE.

Marshall J. Osofsky and Gary M. Dunkel of Lewis, Vegosen, Rosenbach Silber, P.A., West Palm Beach, for appellants U.S. Block Corporation, and Walter R. Sjogren, Sr.

Basil E. Dalack of the Law Offices of Robert L. Saylor, West Palm Beach, for appellees Bell, Lagano, Gwynn, Saylor, and Dalack.

Michael J. Ferrin, West Palm Beach, for appellee Stamm.

FARMER, J.

We affirm on all issues on the main appeal. As to the cross appeal, the issue is identical to the one we considered in U.S.B. Acquisition Co. v. Stamm, 695 So.2d 373 (Fla. 4th DCA 1997), rev. granted, to 703 So.2d 475 (Fla. 1997), which this is a related case involving the same parties. We thus affirm the trial court's denial of a contingency risk multiplier in setting attorney's fees under the contract but certify the same issue:

Is a contingency risk multiplier inapplicable to a court awarded attorney's fee where the fees are based on a contractual provision and not a statute?

AFFIRMED.

STEVENSON, J., and ANGELOS, CYNTHIA G., Associate Judge, concur.