18 Fla. L. Weekly Supp. 903b
Online Reference: FLWSUPP 1809BITT
Insurance — Attorney’s fees — Amount
ACCURATE CHIROPRACTIC CLINIC, a/a/o MICHAEL BITTIKER, Plaintiff, vs. MENDOTA INSURANCE COMPANY, Defendant. County Court, 5th Judicial Circuit in and for Hernando County. Case No. H-27-CC-2009-1526. June 9, 2011. Kurt E. Hitzemann, Judge.
ORDER ON PLAINTIFF’S MOTION TO TAX ATTORNEY’S FEES AND COSTS
THIS MATTER having come before the Court on the Plaintiff’s Motion to Tax Fees and Costs, and the Court having received testimony, evidence, as well as this Court reviewing the file and pleadings as to the particular case, finds as follows:
1. The parties stipulate and agree that the Plaintiff is entitled to an award of fees and costs.
2. A fee hearing was held on May 2, 2011.
3. The Court was to determine a reasonable attorney fee and appropriate hours for this particular case.
4. The Court has reviewed all parties’ pleadings, as well as the relevant case law. Florida Patient’s Compensation Fund v. Rowe, 472 So.2d 1145 (Fla. 1985) and Standard Guaranty Ins. Co. v. Quanstrom, 555 So.2d 828 (Fla. 1990).
5. Based upon the testimony, the Court determines a reasonable hourly fee of services rendered by the Plaintiff’s counsel to be $350.00 an hour.
6. The Court determined that the reasonable hours expended on the case is 13 hours.
7. The Plaintiff did not request a fee multiplier in this case.
8. The Court determined that Plaintiff’s request for costs in the amount of $380.00 is appropriate.
9. The Court determined that the Plaintiff’s expert, Thomas Player, Esq., is entitled to $400.00 an hour for testimony and review of this case, and the Court determined that the expert expended 8 hours on this case for a total of $3,200.00.
Wherefore it is
ORDERED AND ADJUDGED that the Plaintiff shall submit a Final Judgment to include $4,550.00 for attorney fees, $380.00 for costs and $3,200.00 for expert fees.
The Court reserves jurisdiction for the purpose of enforcement of this Order and entry of an appropriate Judgment.
