El Brazo Fuerte Bakery 2 v. 24 Hour Air Service, Inc.
Nov 24, 2021OUTCOME: Reversed and remanded with instructions to trial court either award what was requested or explain the deviations from the substantial competent evidence submitted.
Represented the appellant in an appeal of an order awarding attorneys' fees and costs. Trial court awarded El Brazo's attorneys a $175 hourly rate, did not awarded a multiplier or prejudgment interest ... running from the date that entitlement was determined. Appellate court reversed the trial court's judgment and remanded with instructions to either award the attorney's the $350 hourly rate requested or make specific findings as to the reason for any downward deviation. Additionally, appellate court instructed the trial court to consider the issue of whether the attorneys were entitled to a multiplier, and if not make specific findings as to why they are not. Additionally, the appellate court instructed the trial court to award pre judgment interest running from the date entitlement was first determined.