Legal Opinion

Dish Network Service L.L.C. v. Myers

District Court of Appeal of Florida

Decided April 25, 2012No. 2D10-4434PublishedCited by 5 opinions

1Opinion of the Court

ALTENBERND, Judge.

DISH Network Service L.L.C. (“DISH”) appeals a final judgment in a consumer debt collection practices lawsuit under the Florida Consumer Collection Practices Act (“FCCPA”). See §§ 559.55-.785, Fla. Stat. (2002). The judgment awards James Myers $5000 in actual damages, $1000 in statutory damages, $16,933.77 in costs, and $176,992.64 in attorneys’ fees. DISH challenges only the award of fees.

We conclude that the trial court erred by including travel time in its calculation of the lodestar fee award. It also erred in applying a contingent-fee multiplier of 2.0 that would have…

2Cases cited14 opinions

  1. Hensley v. EckerhartSupreme Court of the United States · 1983
  2. Blum v. StensonSupreme Court of the United States · 1984
  3. Pennsylvania v. Delaware Valley Citizens' Council for Clean AirSupreme Court of the United States · 1986
  4. City of Burlington v. DagueSupreme Court of the United States · 1992
  5. Blanchard v. BergeronSupreme Court of the United States · 1989

9 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Brindise v. U.S. Bank National AssociationDistrict Court of Appeal of Florida · 2016
  2. Brindise v. U.S. Bank National AssociationDistrict Court of Appeal of Florida · 2016
  3. Edward Michael Kelly v. Julie DugganDistrict Court of Appeal of Florida · 2019
  4. Quinn-Davis v. TrueAccord Corp.District Court, S.D. Florida · 2024
  5. Taylor Industrial Construction, Inc. v. Westfield Insurance CompanyDistrict Court, M.D. Florida · 2020

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