majority appears to rely on the fact that the text of Section 30(A) defines the minimum reimbursement rates solely by reference to the health needs of recipients. 5 . To be sure, attorney’s fees are available to a successful § 1983 plaintiff. See 42 U.S.C. § 1988 ("In any action or proceeding to enforce a provision of section[ ] ... 1983 ... of this title, ... the court, in its discretion, may allow the prevailing party ... a reasonable attorney's fee as part of the costs....”). Awards of attorney’s fees may be inadequate to induce attorneys to represent Medicaid recipients in Section 30(A) cases, however, since such attorneys would assume the risk of earning no fees if the lawsuit is unsuccessful. See City of Burlington v. Dague, 505 U.S. 557, 112 S.Ct. 2638, 120 L.Ed.2d 449 (1992) (<HOLDING>). RENDELL, Circuit Judge, dissenting, with whom
holding that attorneys fees for the preparation of the fee application are compensable holding that section 721312 florida statutes provides for an award of appellate attorneys fees where the issue was the reasonableness of the fee awarded by the trial court holding that in determining the reasonableness of attorneys fees under federal fee shifting statutes courts may not enhance the fee award above the lodestar amount to compensate attorneys for assuming the risk of receiving no payment for their services if the lawsuit failed holding that where a contract for legal services fails to expressly provide for the amount of the fee a reasonable fee is implied holding that awarded fees were reasonable and that proof that attorneys fees are necessary apart from testimony as to the reasonableness of the fee is not required