Awarding Additional Attorneys Fees for Post-Judgment Services

In Travelers Indemnity Co. of America v. Morris, 390 So. 2d 464 (Fla. 3d DCA 1980), the insured secured a judgment against Travelers on a personal injury protection insurance claim. The trial court awarded attorneys' fees under section 627.428. The Third District Court of Appeal affirmed the judgment and fee award. See Travelers Indem. Co. v. Morris, 360 So. 2d 1262 (Fla. 3d DCA 1978). The trial court later awarded $2500 for additional postjudgment services the insured's counsel rendered in the trial court. The Third District reversed that award. Noting that the fee represented payment for (a) securing payment of the PIP benefits the judgment required and (b) settling the record of unreported prejudgment proceedings for use in the initial appeal, the Third District found that the clear terms of section 627.428 "permit fees only for services involved in obtaining a judgment against a carrier, and not for those required to effect compliance with, collection of, or execution upon that judgment." Morris, 390 So. 2d at 465.