v. McCoy, 657 So. 2d 1248 (Fla. 4th DCA 1995).4 Florida Hurricane Protection & Awning, Inc. v. Pastina, 43 So. 3d 893, 894 (Fla. 4th DCA 2010) (internal quote omitted).5Nationstar Mortg. LLC v. Glass, 219 So. 3d 896, 898 (Fla. 4th DCA 2017).6 Raza v. Deutsche Bank Nat. Trust Co., 100 So.3d 121, 123 (Fla. 2d DCA 2012).7See Stockman v. Downs, 573 So.2d 835, 837 (Fla.1991).8 See: Fanelli v. HSBC Bank USA, 170 So.3d 72, 73 (Fla. 4th DCA 2015); Lopez v. Bank of America, N.A., 153 So.3d 922 (Fla. 2d DCA 2014); and Creamer v. BAC Home Loans Servicing, LP, 159 So.3d 168, 170 (Fla. 2d DCA 2015).9 Green v. Sun Harbor Homeowners' Ass'n, 730 So.3d 1261, 1263 (Fla. 1998).10 Florida Rule of Civil Procedure 1.525.
Even where you charged the client a flat rate, there must be a record of the hours spent on the case. SeeRaza v. Deutsche Bank, 100 So. 3d 121 (Fla. 2d DCA 2012) (where the prevailing party under Section 57.105, Fla. Stat., charged a “flat rate” and there was no evidence of hours spent on the case, the court denied fees for lack of evidence).Another issue related to the award of attorneys’ fees that arises after the resolution of the case is the timing of the motion for attorneys’ fees.
Whether charging a flat fee or hourly fee, lawyers need to be aware that they have the same obligation to justify the reasonableness of their fees. In Raza v. Deutsche Bank Nat'l Trust Co., 100 So. 3d 121 (Fla. 2d DCA 2012), the 2nd DCA cautioned that even when charging a flat fee, counsel cannot establish the reasonableness of its fees without satisfying the requirements of Florida Patient's Compensation Fund v. Rowe, 472 So. 2d 1145 (Fla. 1985), to show a reasonable number of hours spent at reasonable rates.Stays Pending ReviewAs mentioned earlier, we’ve seen many recent published opinions about many aspects of foreclosure litigation.