UPDATED THROUGH March 10, 2017
57.105 Fees – Actions Under § 784.046. Conflict Certified: Is an award of attorneys’ fees pursuant to § 57.105 allowed in an action under § 784.046 [injunction for protection against violence]? Lopez v. Hall, No. SC16-1921 (review granted Jan. 23, 2017). DCA decision: No. 1D15-0531, 2016 WL4036093 (Fla. 1st DCA July 28, 2016). Status: briefing; oral argument to be scheduled at a later date.
Proposal for Settlement – Time for Rejection. Conflict Certified: Does the filing of a motion to enlarge the time to accept a proposal for settlement toll the 30-day period provided for in Rule 1.442(f)(1) for accepting a proposal? Koppel v. Ochoa, No. SC16-1474 (review granted Nov. 9, 2016). DCA decision: 197 So. 3d 77 (Fla. 2d DCA May 20, 2016). Status: briefing; no oral argument.
Attorneys’ Fees – Insurance Coverage. Certified Conflict: Are attorneys’ fees awarded pursuant to a proposal for settlement considered “costs” within the “Additional Payments” provision of an insurance policy that covers “All reasonable costs incurred by an insured at our request.” GEICO v. Macedo, No. SC16-935 (review granted Oct. 19, 2016). DCA decision: 190 So. 3d 1155 (Fla. 1st DCA May 6, 2016). Status: decision pending; briefing complete (Jan. 24, 2017); no oral argument.
Attorney’s Fees – Multipliers. Is a contingency fee multiplier for an award of attorney’s fees only allowed in rare and exceptional circumstances? Joyce v. Federated Nat’l Ins. Co., No. SC16-103 (review granted Aug. 12, 2016). DCA decision: 179 So. 3d 492 (Fla. 5th DCA Nov. 20, 2015). Status: decision pending; briefing complete (Nov. 7, 2016); no oral argument.