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BROWN & WILLIAMSON TOBACCO CORP. v. CARTER

No. 1D01-1480.

848 So.2d 365 (2003)

BROWN & WILLIAMSON TOBACCO CORPORATION, as successor by merger to The American Tobacco Company, Appellant, v. Grady CARTER and Mildred Carter, Appellee.

District Court of Appeal of Florida, First District.

Order Certifying Question June 26, 2003.

Attorney(s) appearing for the Case

J.W. Prichard, Jr., and Robert B. Parrish, of Mosely, Warren, Prichard & Parrish, Jacksonville; and Thomas E. Riley, of Chadbourne & Parke, LLP, New York, New York, for Appellant.

Norwood S. Wilner and Gregory H. Maxwell, of Spohrer, Wilner, Maxwell & Matthews, PA, Jacksonville; and Ada A. Hammond and Charles M. Johnston, of Johnston, Hammond & Burnett, Jacksonville, for Appellees.

PER CURIAM.

Appellant challenges an award of trial attorney's fees. Based on the unpublished order in Brown & Williamson Tobacco Corp. v. Carter, Case No. SC-94,797 (Fla. Dec. 13, 2002), we affirm the trial court's application of section 768.79, Florida Statutes, but reverse the application of the contingency fee multiplier. Accordingly, we remand to the trial court to enter an award of trial attorney's fees of $707,000.00.

AFFIRMED in part, REVERSED...

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