Opinion
Case Nos. 4D01-3800 and 4D01-4102.
Opinion filed November 19, 2003.
Consolidated appeals and cross-appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County, Peter D. Blanc, Judge, L.T. Case No. CL 99-12138 AO.
Robert I. Buchsbaum of Kramer, Green, Zuckerman, Greene Buchsbaum, P.A., Hollywood, for appellant.
Patrick B. Flanagan of Flanagan, Maniotis, Berger Ryan, P.A., West Palm Beach, for appellee.
In our slip opinion filed June 11, 2003, we reserved jurisdiction on Lee's cross-appeal of the order that granted him his attorney's fees pursuant to section 768.79, Florida Statutes (2001), but refused to apply a multiplier to said award, pending the Florida Supreme Court's resolution in Allstate Insurance Co. v. Sarkis, 809 So.2d 6 (Fla. 5th DCA 2001), rev. granted, 826 So.2d 992 (Table) (Fla. 2002). The Florida Supreme Court has now issued its opinion, holding that a contingency multiplier may not be applied to a fee award pursuant to section 768.79. Sarkis v. Allstate Ins. Co., 28 Fla. L. Weekly S740 (Fla. Oct. 2, 2003). Consequently, we hereby affirm Lee's cross-appeal.
Matalon v. Lee, 847 So.2d 1077 (Fla. 4th DCA 2003).
AFFIRMED.
GUNTHER, POLEN and SHAHOOD, JJ., concur.
NOT FINAL UNTIL DISPOSITION OF ANY TIMELY FILED MOTION FOR REHEARING.