Sea World of Fla. v. Ace Amer. Ins. Co.
35 Fla. L. Weekly D361a (Fla. 5th DCA 2010) (February)
A plaintiff filed a personal injury suit against Sea World, who settled the claim and brought a subsequent indemnity suit against another company. At trial, a jury determined that the company was completely responsible for the plaintiff’s injuries and that it must reimburse Sea World the amount of settlement, as well as attorney’s fees and costs. The trial court set aside the attorney’s fee award, though, because Sea World did not present independent
expert testimony showing them to be reasonable. The district court reversed as to the attorney’s fee ruling, holding that Sea World was not obligated to offer independent expert testimony on the subject. The Court noted that such testimony was required in cases where one party is seeking to obtain fees and costs from an opposing party stemming from that same action. The fees and costs in question here, however, had been previously incurred and did not require such testimony.