10 Fla. L. Weekly Supp. 722a
Insurance — Attorney’s fees — Contingency risk multiplier — Where likelihood of success for medical provider was even at outset, multiplier of 1.75 should be applied — Fees of expert witness and costs awarded
CAMBER COMPANIES SOUTHEAST, LLC., as assignee of JAMES WEBB, Plaintiff, vs. DIRECT GENERAL INSURANCE COMPANY, Defendant. County Court, 9th Judicial Circuit in and for Orange County. Case No. CCO-01-4265. July 8, 2003. Leon B. Cheek, III, Judge. Counsel: Alexander Billias, Morgan, Colling & Gilbert, P.A., Orlando, for Plaintiff. Glenn Klausman, Maitland. Aaron Leviten, Allen, Kopet & Boyd, PLLC, Orlando, for Defendant.
ORDER ON PLAINTIFF’S MOTION FOR ATTORNEY’S FEES AND COSTS
THIS CAUSE was heard before the Court on Tuesday, July 1, 2003, 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 regarding a reasonable fee, reasonable number of hours expended and whether a multiplier should be applied in the present case. Based on 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 ALEXANDER BILLIAS.
3. The reasonable hours expended during the prosecution of the Plaintiff’s case by ALEXANDER BILLIAS, ESQUIRE, shall be 48.8 hours.
4. The parties stipulated the reasonable hourly rate for ALEXANDER BILLIAS, ESQUIRE to be $250.00 per hour.
5. The lodestar amount shall be determined from the reasonable hourly rate multiplied by the number of reasonable hours:
ALEXANDER BILLIAS, ESQUIRE
$250.00 x 48.8 (hours) = $12,200.00
Lodestar Total: $12,200.00
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 is appropriate for this case.
7. If a contingency risk multiplier is appropriate, the Court after considering all of the evidence presented, appropriate Florida Statutes and relevant case law finds that the likelihood of success for the Plaintiff at the onset in this case was approximately even at the outset (1.5-2.0). Therefore a multiplier in the range of 1.5-2.0 is reasonable. Based on the testimony and evidence presented, the Court finds that a multiplier of 1.75 should be applied.
8. The amount of the reasonable attorney’s fees shall be calculated by the multiplication of the lodestar total from paragraph number 5 and the appropriate, if any, lodestar multiplier from paragraph number 7.
Lodestar Total (paragraph number 5) $12,200.00
Lodestar Multiplier x 1.75 (paragraph number 7)
Total $21,000.00
9. As to GLENN KLAUSMAN, ESQUIRE, Plaintiff’s expert witness:
a. Plaintiff, Stand Up MRI of Orlando is entitled to recover the expert witness fee of attorney GLENN KLAUSMAN based upon the holding and reasoning contained in the case of Travieso v. Travieso, 474 So. 2d 1184 (Fla. 1985); and that
b. 2.9 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 the expert witness for testimony before the trial court is $1,160.00.
11. The parties stipulated to reasonable costs in the amount of $526.81.
WHEREFORE, IT IS ORDERED AND ADJUDGED as follows:
A. Plaintiff is entitled to a reasonable attorney’s fee in the amount of $21,000.00 to be paid by the Defendant.
B. Plaintiff is entitled to recover an expert witness fee in the amount of $1,116.00 to be paid by the Defendant.
C. Plaintiff is entitled to reasonable costs in the amount of $526.81 to be paid by the Defendant.
D. Defendant shall pay the foregoing amounts to counsel for the Plaintiff within twenty (20) days of the date of 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 April 29, 2003 through the date of the entry of this Order at the rate of 6%.
FOR WHICH LET EXECUTION ISSUE.
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