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DEPARTMENT OF ADMIN., OFFICE OF STATE EMPLOYEES'INS. v. Ganson

Dep't of Admin., Office of State Employees'Ins. v. Ganson, 566 So. 2d 791 (Fla. 1990)
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Court
Supreme Court of Florida · State Highest Courts
Decided
September 13, 1990
Docket
No. 75396
Judges
Grimes
Citations
566 So. 2d 7911990 WL 132929
Cited by 10

Opinion

566 So.2d 791 (1990)

DEPARTMENT OF ADMINISTRATION, OFFICE OF STATE EMPLOYEES' INSURANCE, Petitioner,

v.

Terri J. GANSON, Respondent.

No. 75396.

Supreme Court of Florida.

September 13, 1990.

Augustus D. Aikens, Jr., Gen. Counsel, Dept. of Admin., Tallahassee, for petitioner.

Kenneth D. Kranz of Eric B. Tilton, P.A., Tallahassee, for respondent.

GRIMES, Justice.

Pursuant to article V, section 3(b)(3), Florida Constitution, we accepted jurisdiction in Ganson v. Department of Administration, 554 So.2d 522 (Fla. 1st DCA 1989), to resolve conflict with Standard Guaranty Insurance Co. v. Quanstrom, 555 So.2d 828 (Fla. 1990).

*792 Ganson successfully litigated a claim for state health insurance benefits in which the district court of appeal ordered a hearing to determine an appropriate attorney's fee. Ganson v. Department of Admin., 554 So.2d 516 (Fla. 1st DCA 1989). [*] The hearing officer submitted a report, which the district court adopted in toto. In that report, the hearing officer recognized that there was a split of authority on the issue but concluded that a contingency-risk multiplier was required because there was a contingent-fee agreement between the client and her attorney.

A few weeks after the district court of appeal affirmed the fee award, we issued Quanstrom , which held that the multiplier is not automatically required in contingent-fee cases. Quanstrom, 555 So.2d at 831 . Therefore, the opinion below is incorrect and must be quashed. We remand for reconsideration in light of Quanstrom .

It is so ordered.

SHAW, C.J., and OVERTON, McDONALD, EHRLICH, BARKETT and KOGAN, JJ., concur.

NOTES

[*] That decision is not under review here.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 10 cases

View all citing references →
1991: 31993: 51994: 11997: 119912026peak 1993 · 5

Relies on it most ⓘ

  1. State Farm Fire & Cas. Co. v. Palma629 So. 2d 830 (Fla. 1993)
  2. Procacci Commercial Realty v. DHRS690 So. 2d 603 (Fla. Dist. Ct. App. 1997)
  3. Diaz v. SantaFe Healthcare, Inc.642 So. 2d 765 (Fla. Dist. Ct. App. 1994)
  4. Harvard Farms, Inc. v. National Cas. Co.617 So. 2d 400 (Fla. Dist. Ct. App. 1993)
  5. US SEC. Ins. Co. v. Cole579 So. 2d 153 (Fla. Dist. Ct. App. 1991)
  6. State Farm Fire & Cas. Co. v. Palma585 So. 2d 329 (Fla. Dist. Ct. App. 1991)

Most recent

  1. Procacci Commercial Realty v. DHRS690 So. 2d 603 (Fla. Dist. Ct. App. 1997)
  2. Diaz v. SantaFe Healthcare, Inc.642 So. 2d 765 (Fla. Dist. Ct. App. 1994)
  3. State Farm Fire & Cas. Co. v. Palma629 So. 2d 830 (Fla. 1993)
  4. Weaver v. School Bd. of Leon County624 So. 2d 761 (Fla. Dist. Ct. App. 1993)
  5. Thornber v. City of Fort Walton Beach622 So. 2d 570 (Fla. Dist. Ct. App. 1993)
  6. EEZZZZ-ON Trailers, Inc. v. Bankers Insurance Co.619 So. 2d 470 (Fla. Dist. Ct. App. 1993)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 3

DepthCaseCited by
Standard Guar. Ins. Co. v. Quanstrom, 555 So. 2d 828 (Fla. 1990) 284
Ganson v. State, Dept. of Admin., 554 So. 2d 522 (Fla. Dist. Ct. App. 1989) 11
Ganson v. State, Dept. of Admin., 554 So. 2d 516 (Fla. Dist. Ct. App. 1989) 5

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