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862 So. 2d 942

Kawaguchi v. Bentle

District Court of Appeal of Florida

Decided January 14, 2004

District Court of Appeal of Florida · decided 2004-01-14

Relies on 863 So. 2d 210 - Sarkis v. Allstate Ins. Co.

Decided 2004-01-14

DANAHY, PAUL W., Senior Judge.

¶1In these consolidated cases, Haruya Ka-waguchi appeals the final judgment entered in favor of Nancy J. Bentle in a personal injury action arising out of a motor vehicle accident and the contingency fee multiplier awarded to Ms. Bentle’s counsel pursuant to the offer of judgment statute, section 768.79, Florida Statutes (2002), and Florida Rule of Civil Procedure 1.442. We affirm the final judgment entered in favor of Ms. Bentle without discussion. We reverse, however, the trial court’s award of a contingency fee multiplier in light of the supreme court’s holding in Sarkis v. Allstate Insurance Co., 863 So.2d 210, 2003 WL 22250352 (Fla. Oct. 2, 2003) (holding that a contingency multiplier may not be applied to a fee award pursuant to section 768.79).

¶2Affirmed as to Case No. 2D03-1605; reversed as to Case No. 2D03-1793.

FULMER and SALCINES, JJ., Concur.
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