18 Fla. L. Weekly Supp. 899b
Online Reference: FLWSUPP 1809TREJ
Insurance — Personal injury protection — Declaratory judgment — Attorney’s fees, costs, expert witness fees and interest awarded to prevailing medical provider
CEGA STRESS & ESTHETIC CENTER, INC., D/B/A CEGA STRESS CENTER, (As Assignee of Pablo Duran-Trejo), Plaintiff, vs. UNITED AUTOMOBILE INSURANCE COMPANY, Defendant. County Court, 13th Judicial Circuit in and for Hillsborough County, County Civil Division. Case No. 10-CC-020353, Division K. July 1, 2011. Scott Farr, Judge.
AMENDED FINAL JUDGMENT AS TOATTORNEY’S FEES AND COSTS
THIS CAUSE, having come before the court on June 20, 2011, on Plaintiff’s Motion to Tax Attorney’s Fees and Costs, with Timothy A. Patrick, Esquire appearing on behalf of Plaintiff and Dina Piedra, Esquire, appearing on behalf of Defendant, and the court having received testimony and after hearing argument of counsel, for the reasons stated orally and recorded in open court, which shall constitute the decision of this court, it is, hereby ORDERED AND ADJUDGED as follows:
1. Based upon the case of Clarendon Nat’l Ins. Co. v. AFO Imaging, Inc. (a/a/o Tracy Simon), Hillsborough County Circuit Court [appellate] Case No. 08-CA-010987, August 17, 2009, this court finds that a plain reading of F.S. 627.428, entitles the Plaintiff, having obtained a judgment for coverage in its favor in this declaratory action on February 11, 2011, to attorney’s fees and costs.
2. As such, Plaintiff’s Motion to Tax Attorney’s Fees and Costs is hereby GRANTED.
3. The subsequent time sought by Plaintiff, which is included in Plaintiff’s Notice of Filing Supplemental Affidavit, relates to attorney’s fees and is not compensable.
4. Regarding the reasonable number of hours and a reasonable hourly rate, the court adopts the opinion of Plaintiff’s expert, Roberto Alayon, and awards 33.8 hours as a reasonable number of hours for Plaintiff’s counsel, Timothy A. Patrick, and should be compensated at the rate of $350.00 per hour based upon the facts of this case.
5. Multiplying 33.8 hours times the hourly rate of $350.00 results in a lodestar of $11,830.00.
6. The parties stipulated to costs of $720.00.
7. Pre-Judgment Interest on the fee award is acknowledged at the rate of 6% from the date of February 11, 2011 forward.
8. Based upon the stipulation of the parties, Plaintiff’s expert witness, Roberto Alayon, Esquire, is awarded expert witness fees of 5 hours at the rate of $350.00 per hour for a total of $1,750.00.
ACCORDINGLY, FINAL JUDGMENT is hereby entered against the Defendant, UNITED AUTOMOBILE INSURANCE COMPANY,
attorney’s fees in the sum of $11,830.00
plus costs of $720.00;
plus interest of $
plus expert witness fees of $1,750.00;
for a total sum of $15,330.00
for which let execution issue, which sum shall draw interest at the rate of 6 % per annum in accordance with Florida statutes.