SIMKINS V. HIGHLANDS

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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF. IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JULY TERM, A.D. 2001 ** SIMKINS INDUSTRIES, INC., etc., ** CASE NOS. Appellant, 3D00-1911 3D01-117 ** vs. LOWER TRIBUNAL NO. 95-138 ** HIGHLANDS INSURANCE COMPANY, etc., ** Appellee. ** Opinion filed September 5, 2001. An Appeal from the Circuit Court for Dade County, Celeste Hardee Muir, Judge. Greenberg Traurig and Elliot B. Kula and Alan T. Diamond and Elliot H. Scherker, for appellant. Sharon A. Shade; Conroy, Simberg, Ganon, Krevans & Abel and Hinda Klein (Hollywood), for appellee. Before JORGENSON, GODERICH, and SHEVIN, JJ. PER CURIAM. Simkins from orders Industries, awarding Inc. trial (Simkins), and appellate the plaintiff attorney's below, fees appeals pursuant to Highlands Insurance Company's (Highlands) offer of judgment. We affirm in part and reverse in part. We find no error in the trial court's determination that the defendant's offer of judgment was made in good faith. See Pacer Tech. v. Lee Pharms., Inc., 737 So. 2d 1238 (Fla. 3d DCA 1999); see also Department of Highway Safety & Motor Vehicles v. Weinstein, 747 So. 2d 1019 (Fla. 3d DCA 1999). Appellant lacks standing to challenge the validity of the fee agreement between Highlands and its counsel. See Lugassy v. Independent Fire Ins. Co., 636 So. 2d 1332, 1334 (Fla. 1994) (holding that a litigant who was neither a party nor a third party beneficiary to a fee agreement lacked standing to challenge it). Finally, we find no abuse of discretion in the amount of the fee award. See United Auto. Ins. Co. v. Padron, 775 So. 2d 372 (Fla. 3d DCA 2000). On cross appeal we agree with Highlands that the trial court abused its discretion billed by trial. Simkins Conroy in Simberg never failing Ganon challenged to when the award it reasonable was number of hired hours as fees for hours co-counsel claimed by for Conroy Simberg and there is no record evidence supporting the denial of those fees. See Brake v. Murphy, 736 So. 2d 745 (Fla. 3d DCA 1999). Affirmed in part, reversed in part, and remanded for further proceedings consistent with this opinion. -2-

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