Eraclides, Johns, Hall, Gelman,& Johannessen, L.L.P.
Home Page Office Locations *NEW OFFICE* in Gainesville/Ocala Seminars Governor Signs HB 903 August 2010 Case Law Updates "Medicare Issues" Supreme Court Case Released 10/23/08 Helpful Links
Hermes Eraclides  

Theodore M. Johns  

Brad Hall  

Mark H. Gelman  

Kristen L. Johannessen  

Daniel R. Goodman  

Dawn R. Traverso  

Christopher D. White  

Jennifer T. Pollock  

Kendall Mills-Conrad  

Frank H. Cole, Jr.  

Morgan Indek  

Mary Frances Nelson  

Michael Quiggins  

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Peter N. Andresky  

Ya'Sheaka Campbell  

Betsy F. Campo  (Of counsel)

Gina Case  

Shawn A. Diederich  

R. Joseph Dill  

Vanessa De Rosa Lipsky  

Nicole Florentino  

Cindy R. Galen  

Barbara J. Glas  

Jacqueline Green  

David C. Halpern  

Edward S. Mallow  

Colleen Norman  

Christy L. Ruth  

Matthew J. Thompson  

D. Edward Williamson  
Eraclides, Johns, Hall, Gelman, Johannessen & Goodman, LLP would like to notify you that Governor Crist signed HB 903 into law on May 29, 2009.  This bill once again puts limitations on attorney's fees as the Legislature intended back in 2003 and for which the Florida Supreme Court took away in the recent Murray case (allowing for hourly attorney's fees in addition to statutory attorney's fees).  This law will take effect as of July 1, 2009.  Under this statute, the same formula used for attorney's fees before the Murray decision will once again be used (these fees were fixed as a strict percentage of benefits secured, with no judicial discretion to adjust the fee).  However, it remains our belief that the attorney's fees for "medical only" petitions originally in the 2003 bill, were not changed by the Murray decision (a possible $1500 maximum in hourly fees for the life of the claim) and will remain for all cases since 2003. 
   
It is important to note that now a "gap", or time period, has been created within which carrier paid hourly fees would still apply to certain cases under the Murray decision, and that is any case with a date of accident beginning Oct.I, 2003 through and including July 1, 2009. Thus, we will still be dealing with many hourly fee cases, regardless of this Statutory Fix. Therefore, be very careful to note the date of accident and whether it falls within this period so that you recognize the exposure for these hourly fees and handle, as well as value, the claim accordingly.