18 Fla. L. Weekly Supp. 898a
Online Reference: FLWSUPP 1809SAIN
Insurance — Attorney’s fees — Amount
JEAN SAINTILUS, Plaintiff, vs. GEICO CASUALTY COMPANY, Defendant. County Court, 9th Judicial Circuit in and for Orange County. Case No. 48-2008-CC-10194-0, Division 70. June 30, 2011. Honorable John E. Jordan, Judge.
ORDER ON PLAINTIFF’S MOTION FOR ATTORNEY’S FEES AND COSTS
THIS CAUSE was heard before the Court for hearing on Wednesday, June 29, 2011, on Plaintiff’s Motion for Attorney’s Fees and Costs. The Court has considered the testimony submitted in evidence by counsel for the Plaintiff and Defendant. The Court has also considered the expert testimony presented by both Plaintiff and Defendant regarding a reasonable fee, reasonable number of hours expended and whether a multiplier should be applied in the present case. Based on all the foregoing, the Court hereby makes the following findings of fact and conclusions of law:
1. Plaintiff’s attorney is entitled to a reasonable attorney’s fee and costs incurred in the prosecution of the above-styled cause.
2. The attorney for the Plaintiff in this case is JAMES J. DYE.
3. The reasonable hours expended during the prosecution of the Plaintiff’s case by JAMES J. DYE, ESQUIRE shall be 41.3 hours.
4. In light of the number of hours presented by evidence, a reasonable hourly rate for JAMES J. DYE, ESQUIRE shall be $325.00 per hour.
5. The lodestar amount shall be determined from the reasonable hourly rate multiplied by the number of reasonable hours:
JAMES J. DYE, ESQUIRE
$325 X 41.3 (hours) = $13,422.50
Lodestar Total: $13,422.50
6. After consideration of the evidence presented, the applicable Florida statutes and the relevant case law of Rowe and Quanstrom, this Court finds that the application of a contingency risk multiplier not appropriate for this case by agreement of the parties.
7. As to Kevin Weiss, Plaintiff’s expert witness:
a. Plaintiff, Jean Saintilus, is entitled to recover the expert witness fee of attorney Kevin Weiss, based upon the holding and reasoning contained in the case of Travieso v. Travieso, 474 So. 2d 1184 (Fla. 1985); and that
b. 5 hours is a reasonable amount of hours; and
c. $400.00 per hour is a reasonable hourly rate.
10. The expert witness fees that Plaintiff is entitled to recover on behalf of his expert witness for testimony before the trial court is $2,000.00.
11. The Court has considered the cost submitted by the Plaintiff in this case. The Plaintiff’s attorney is entitled to reasonable costs in the amount of $440.00
WHEREFORE, IT IS ORDERED AND ADJUDGED as follows:
A. Plaintiff is entitled to a reasonable attorney’s fee in the amount of $13,422.50 minus $8,500.00 partial payment previously paid by Defendant resulting in the amount of $4,922.50 to be paid by the Defendant.
B. Plaintiff is entitled to recover an expert witness fee in the amount of $2,000.00 to be paid by the Defendant.
C. Plaintiff is entitled to reasonable costs in the amount of $440.00 to be paid by the Defendant.
D. Defendant shall pay the foregoing amounts to counsel for the Plaintiff within ten (10) days of the entry of this Order.
E. The Court shall reserve jurisdiction for entry of a final judgment as to attorney’s fees and costs.
F. Prejudgment interest shall accrue from June 16, 2011 through the date of entry of this Order in the amount of $12.34 (AMOUNT OF ATTORNEY’S FEES/COSTS AWARDED).
