18 Fla. L. Weekly Supp. 1202a
Online Reference: FLWSUPP 1811JEFF
Insurance — Attorney’s fees — Amount
JAMES E. JEFFERS, Plaintiff, vs. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant. County Court, 7th Judicial Circuit in and for Flagler County. Case No. 2009-CC-920, Division 60. September 21, 2011. Honorable Sharon Atack, Judge. Counsel: David A. Spain, Orlando, for Plaintiff. James C. Rinaman, III, Rinaman & Associates, P.A., Jacksonville, for Defendant.
ORDER ON PLAINTIFF’S MOTION FOR ATTORNEYS FEES AND COSTS
THIS CAUSE WAS HEARD before the Court on September 2, 2011 on Plaintiff’s Motion for Attorney’s Fees and Costs. The Court has considered the testimony submitted into evidence by counsel for the Plaintiff and Defendant. Based on all the foregoing, the Court hereby makes the following findings of fact and conclusions of law:
1. Plaintiff’s Attorney, David A. Spain, is entitled to reasonable attorney’s fees and costs incurred in the prosecution of the above styled case based upon the holding and reasoning in Standard Guaranty Insurance Co. v. Quanstrom, 555 So. 2d. 828 (Fla. 1990) and Ivey v. Allstate Insurance Company, 25 Fla. L. Weekly S1103a (Fla. December 7, 2000).
2. The reasonable hours expended in this case by David A. Spain shall be 233 hours.
3. In light of the evidence presented, a reasonably hourly rate for David A. Spain shall be $300.00 per hour.
4. Plaintiff is not entitled to a multiplier in this case.
5. The Court considered the cost ledger submitted by the Plaintiff in this case. Morgan & Morgan shall be entitled to reasonable costs of $11,133.60.
6. Plaintiff shall recover $69,900.00 in attorney’s fees and costs from the Defendant.
7. Plaintiff is also entitled to recover the expert witness fee of Eben Self, Esq., based upon the holding in the case of Travesio v. Travesio, 474 So. 2d 1184 (Fla. 1985); and that 9.2 is the reasonable amount of hours and $275.00 per hour is a reasonable hourly rate.
8. Plaintiff’s expert witness, Eben Self, Esq. shall recover $2530.00 for the time he has expended as an expert in this matter.
9. Defendant shall pay the foregoing amounts to counsel for Plaintiff within (20) days of the entry of this Order.
10. The Court shall reserve jurisdiction for entry of a final judgment as to attorney’s fees and costs.
11. Prejudgment interest shall accrue from May 24, 2011 through the date of the entry of this order in the amount of $1598.40.
