JORGE COLON AND AUREA COLON vs STILLWATER PROPERTY AND CASUALTY INSURANCE COMPANY

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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED JORGE COLON AND AUREA COLON, Appellants/Cross-Appellees, v. Case No. 5D20-1130 LT Case No. 2016-CA-002469 STILLWATER PROPERTY AND CASUALTY INSURANCE COMPANY, Appellee/Cross-Appellant, v. DANAHY & MURRAY, P.A. Cross-Appellee. ________________________________/ Opinion filed December 3, 2021 Appeal from the Circuit Court for Osceola County, Michael Murphy, Judge. James C. Hauser, of Attorney's Fees in Florida, PL, Orlando, for Appellants/CrossAppellees. Derek J. Angell, of Bell & Roper, P.A., Orlando, for Appellee/Cross-Appellant. Matthew R. Danahy, of Danahy and Dunnavant, P.A., Tampa, for Danahy & Murray, P.A. HARRIS, J. Jorge and Aurea Colon appeal the trial court’s final judgment awarding attorney’s fees and costs, arguing that the court, without justification, reduced the number of hours of attorney fee time sought by the Colons’ counsel. Stillwater Property and Casualty Insurance Company (“Stillwater”) cross-appeals the same final judgment, challenging the court’s finding of a reasonable hourly rate for the Colons’ attorney, the imposition of a fee multiplier, and the calculation of prejudgment interest. We find no reversible error in any of the issues raised by the Colons or Stillwater, with the exception of the computation of prejudgment interest, and remand solely for the purpose of correcting that amount. On remand the court should apply the per diem interest rate as of the date of entitlement rather than using the date of the final judgment. See Quality Engineered Installation, Inc. v. Higley S., Inc., 670 So. 2d 929 (Fla. 1996). In all other respects, we affirm. AFFIRMED in part; REVERSED in part and REMANDED with instructions. 2 LAMBERT, C.J. and SASSO, J., concur. 3

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