10 Fla. L. Weekly Supp. 454a
Attorney’s fees — Insurance — Personal injury protection — Prevailing insured — Amount of attorney’s fees and expert witness fees calculated
JODY KLINE LEVINSON, Plaintiff, vs. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant. County Court, 17th Judicial Circuit in and for Broward County. Case No. COCE 99-012244 (50). April 15, 2003. Peter B. Skolnik, Judge. Counsel: Andrew J. Weinstein, Weinstein & Associates, P.A., Coral Springs, for Plaintiff. James T. Sparkman.
ORDER DETERMINING AMOUNT OF ATTORNEY’S FEES AND COSTS
THIS CAUSE came before this Court on February 27, 2003 on Plaintiff’s Motion to Tax Attorney’s Fees and Costs. Upon review of the Court file, the evidence presented, testimony from Andrew J. Weinstein, Esquire, Amir Fleischer, Esquire, the expert witness for the Plaintiff, as well as cited Florida case law and Statutes and the Court being otherwise duly advised in the premises, the Court makes the following findings of fact:
1. That counsel for the Plaintiff, Andrew J. Weinstein, Esquire, is entitled to recover reasonable attorney’s fees.
2. That counsel for the Plaintiff, Craig H. Blinderman, Esquire, is entitled to recover reasonable attorney’s fees.
3. This Court has considered all the factors enumerated in Florida Patient’s Compensation Fund v. Rowe, 472 So.2d 1145 (Fla. 1985).
4. Based on the testimony of the parties and expert witnesses presented, the reasonable number of hours expended by Plaintiff’s Counsel, Andrew J. Weinstein, in this matter is 190 hours. This finding is also based upon the time records entered into evidence by Plaintiff’s Counsel, Andrew J. Weinstein.
5. Based on the testimony of the parties and expert witnesses presented, the reasonable number of hours expended by Plaintiff’s Counsel, Craig H. Blinderman, in this matter is 69 hours. This finding is also based upon the time records entered into evidence by Plaintiff’s Counsel, Craig H. Blinderman.
6. Pursuant to Rowe, and the factors enumerated in the Florida Bar Code of Professional Responsibility, this Court finds that Andrew J. Weinstein, Esquire is entitled to be compensated at the rate of $250.00 per hour for his time.
7. Pursuant to Rowe, and the factors enumerated in the Florida Bar Code of Professional Responsibility, this Court finds that Craig H. Blinderman, Esquire is entitled to be compensated at the rate of $250.00 per hour for his time.
8. These findings of $250.00 per hour for Andrew J. Weinstein, Esquire are based upon the evidence presented concerning fees customarily charged in Broward County by lawyers of reasonable comparable skill, experience and reputation for the quality of legal services performed in this case, the nature of the professional relationship between the Plaintiff and its counsel, and the reputation and ability of Andrew J. Weinstein, Esquire.
9. These findings of $250.00 per hour for Craig H. Blinderman, Esquire are based upon the evidence presented concerning fees customarily charged in Broward County by lawyers of reasonable comparable skill, experience and pre-judgment interest thereon in the amount of $3,475.24, plus expert witness fees in the amount of $1,500.00, making a grand total of $73,838.44, for which sum let execution issue, and that said total shall bear interest at the statutory rate from the date of this Order until paid in full.
This Court reserves jurisdiction to enforce this Order as well as issue any further relief it deems appropriate and just.
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