Security First Insurance Company D/B/A Security First Florida v. Mark Annon and Amy Annon
CourtDistrict Court of Appeal of Florida
Date FiledOctober 9, 2026
Docket5D2025-1458
StatusPublished
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Full Opinion
FIFTH DISTRICT COURT OF APPEAL
STATE OF FLORIDA
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Case No. 5D2025-1458
LT Case No. 2021-CA-000558
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SECURITY FIRST INSURANCE
COMPANY D/B/A SECURITY FIRST
FLORIDA,
Appellant,
v.
MARK ANNON AND AMY ANNON,
Appellees.
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On appeal from the Circuit Court for Flagler County.
Andrea K. Totten, Judge.
Michael Fox Orr and Loreyn P. Raab, of Orr Cook, Jacksonville,
for Appellant.
Michael Ciocchetti, of Michael Ciocchetti, PLLC, Daytona Beach,
for Appellee.
October 9, 2026
LAMBERT, J.
Security First Insurance Company (“Security First”), which
was the defendant below in a first-party property dispute that was
resolved without a trial, timely appeals the trial court’s
subsequent final judgment that awarded attorney’s fees against it
under section 627.428, Florida Statutes (2021), 1 in favor of the
appellees/insureds, Mark Annon and Amy Annon. Consistent with
Florida Patient’s Compensation Fund v. Rowe, 472 So. 2d 1145
(Fla. 1985), the trial court first computed and then awarded to
Appellees in its final judgment the lodestar amount of $125,080.00
for attorney’s fees, which Security First has not challenged in this
appeal. The court then applied a 2.0 contingency fee multiplier to
this lodestar figure, resulting in an attorney’s fees award to
Appellees totaling $250,160.00, with which Security First does
take issue.
Security First primarily argues that the 2.0 multiplier award
should be reversed because it is not supported by competent
substantial evidence. Concluding that Security First is correct, we
reverse the final judgment and remand with instructions to the
trial court to enter an amended final judgment that awards the
lodestar attorney’s fees sum of $125,080.00 to Appellees, without
a multiplier.
I
In Standard Guaranty Insurance v. Quanstrom, 555 So. 2d
828 (Fla. 1990), the Florida Supreme Court set forth the following
three factors to be utilized by courts when determining whether a
multiplier is necessary in the instant type of case:
(1) whether the relevant market requires a
contingency fee multiplier to obtain competent
counsel; (2) whether the attorney was able to mitigate
the risk of nonpayment in any way; and (3) whether
any of the factors set forth in Rowe are applicable,
especially, the amount involved, the results obtained,
and the type of fee arrangement between the attorney
and [the] client.
Id. at 834.
1 Section 627.428, Florida Statutes, which permitted an award
of attorney’s fees in this type of case, was repealed in 2023. The
claim in this case pre-dates the repeal.
2
As the party seeking attorney’s fees, Appellees had the
burden to establish each of these factors to justify the contingency
fee multiplier. See Foot & Ankle Ctr. of Fla., LLC, v. Vargas, 412
So. 3d 825, 828 (Fla. 6th DCA 2024) (citing Quanstrom, 555 So. 2d
at 834). And “[w]hile the trial court’s determination to apply a
multiplier to the lodestar amount is reviewed for an abuse of
discretion, the trial court’s findings as to the multiplier must be
supported by competent, substantial evidence.” Universal Prop. &
Cas. Ins. v. Deshpande, 314 So. 3d 416, 420 (Fla. 3d DCA 2020)
(citation omitted).
II
In arguing that the trial court’s application of the 2.0
contingency fee multiplier was not supported by competent
substantial evidence, Security First contends that Appellees failed
to meet their burden of presenting evidence sufficient to prove that
the relevant market required a contingency fee multiplier to obtain
competent counsel in this case. See SafePoint Ins. v. Castellanos,
394 So. 3d 731, 735 (Fla. 3d DCA 2024) (“If there is no evidence
that the relevant market required a contingency fee multiplier to
obtain competent counsel, then a multiplier should not be
awarded.” (citation omitted)).
Security First also contends that the trial court’s finding on
the second prong or factor in Quanstrom, that Appellees’ counsel
was unable to mitigate the risk of nonpayment in any way, lacks
record evidentiary support.
To establish the first factor under Quanstrom, Appellees
were required to demonstrate, without inference, that they would
have faced substantial difficulties in obtaining competent counsel
in the relevant market without the risk-enhancement multiplier.
See Little v. Bath & Kitchen Boutique, LLC, 435 So. 3d 1142, 1150
(Fla. 3d DCA 2026) (citing Foot & Ankle, 412 So. 3d at 829).
Appellees did not testify at the attorney’s fees hearing; and
their expert witness, who admitted under oath that he did not
handle first-party property insurance cases such as the instant
claim nor did he speak with Appellees, testified that he made no
inquiry as to whether any other attorneys would have accepted
3
this type of case without the possibility of a contingency fee
multiplier. See Impex Caribe Corp. v. Carl Levin, P.A., 338 So. 3d
13, 15 (Fla. 3d DCA 2022) (recognizing that the party seeking
application of the multiplier “must establish ‘that a party would
have difficulty securing counsel without the opportunity for a
multiplier’” (quoting Citizens Prop. Ins. v. Laguerre, 259 So. 3d
169, 177 (Fla. 3d DCA 2018))); see also Bankers Life & Cas. v.
Borew, 430 So. 3d 124, 128 (Fla. 4th DCA 2026) (“So, to award the
multiplier, the record evidence must show that without risk-
enhancement[,] plaintiff would have faced substantial difficulties
in finding counsel in the . . . relevant market.” (alteration in
original) (citation omitted)).
Instructive on this issue is this court’s decision in PHH
Mortgage Corp. v. Schreiber, 397 So. 3d 1159 (Fla. 5th DCA 2024),
where the appellant challenged an attorney’s fees award with a
contingency fee multiplier in a foreclosure case. Id. at 1159. The
appellees’ expert there testified that for “almost all [foreclosure]
clients, because they couldn’t pay their mortgage, they can’t pay
their attorney or . . . they pay very little as compared to the amount
of work involved.” Id. at 1160 (alteration in original). The expert
further opined that, because of the client’s inability to pay, most
foreclosures involved some type of contingency fee. Id.
Concluding that this testimony said nothing about whether a
foreclosure client could have obtained competent counsel without
a multiplier, we reversed and remanded for entry of an amended
judgment without the contingency multiplier. Id.
Appellees’ expert’s testimony here was similarly lacking as to
whether Appellees could have obtained competent counsel in the
relevant market absent the possibility of a multiplier. We
therefore hold, without further elaboration, that Appellees failed
to meet their evidentiary burden under the first Quanstrom factor
to support the imposition of the contingency risk multiplier.
III
We further find that Appellees did not present competent
substantial evidence of the second Quanstrom factor that counsel
was unable to mitigate the risk of nonpayment in any way.
4
“Generally, the controlling consideration in determining whether
an attorney can mitigate the risk of nonpayment . . . is whether the
plaintiffs can afford a retainer or hourly fees.” Certain
Underwriters at Lloyd’s London v. Candelaria, 339 So. 3d 463, 470
(Fla. 3d DCA 2022) (quoting Wesson v. Fla. Peninsula Ins., 296 So.
3d 572, 573 (Fla. 1st DCA 2020)). Simply stated, there was no
specific, non-inferential evidence before the trial court that
Appellees could not have afforded or lacked the financial means to
either pay a retainer fee or counsel’s hourly rate.
Accordingly, we conclude that the trial court erred in applying
the 2.0 contingency risk multiplier to the lodestar attorney’s fees
amount. We therefore reverse that portion of the final judgment
and remand with directions to the trial court to enter an amended
final judgment that awards to Appellees the $125,080.00 lodestar
attorney’s fees figure previously determined, with no multiplier. 2
REVERSED and REMANDED with directions.
EDWARDS and BOATWRIGHT, JJ., concur.
2 On a final note, effective March 24, 2023, the Florida
Legislature amended section 57.104, Florida Statutes, to provide
that “[i]n any action in which attorney fees are determined or
awarded by the court, there is a strong presumption that a lodestar
fee is sufficient and reasonable,” and that “[t]his presumption may
be overcome only in a rare and exceptional circumstance with
evidence that competent counsel could not otherwise be retained.”
§ 57.104(2), Fla. Stat. Security First’s second argument for
reversal here briefly argued that this statute should be applied
retroactively and that this was not the rare and exceptional case
to overcome the strong presumption that the lodestar fee awarded
was sufficient and reasonable.
While the record in this appeal supports Security First’s
argument that this case was not rare and exceptional, based upon
our disposition of Security First’s first issue on appeal, we find it
unnecessary to address the retroactive applicability of section
57.104(2).
5
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Not final until disposition of any timely and
authorized motion under Fla. R. App. P. 9.330 or
9.331.
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6