10 Fla. L. Weekly Supp. 564a
Attorney’s fees — Insurance — Calculation of attorney’s fees, expert witness fees, and costs — Fees awarded to expert witness who prepared to testify at hearing cancelled due to insurer’s failure to comply with court’s order preliminary to hearing on motion to tax costs and award attorney’s fees
WILMA HOCH, Plaintiff, vs. PROGRESSIVE EXPRESS INSURANCE COMPANY, Defendant. County Court, 17th Judicial Circuit in and for Broward County. Case No. COCE 01-16087 (51). May 5, 2003. Martin R. Dishowitz, Judge. Counsel: Andrew J. Weinstein, Weinstein & Associates, P.A., Coral Springs. James T. Sparkman.
ORDER DETERMINING AMOUNT OF ATTORNEY’S FEES AND COSTS
THIS CAUSE came before this Court on April 3, 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, Craig H. Blinderman, Esquire, an expert witness for the Plaintiff, Charles H. Bechert, III, Esquire, an 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 is entitled to recover reasonable attorney’s fees.
2. This Court has considered all the factors enumerated in Florida Patient’s Compensation Fund v. Rowe, 472 So.2d 1145 (Fla. 1985). Based on the testimony of the parties and expert witnesses presented, the reasonable number of hours expended by Plaintiff’s Counsel in this matter is 14.55 hours. This finding is also based upon the time records entered into evidence by Plaintiff’s Counsel.
3. 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.
4. 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 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.
5. Pursuant to Rowe, this Court finds that the Lodestar (the number of hours reasonably expended multiplied by the reasonable hourly rate) is $3,637.50 in this case.
6. This Court finds that Craig H. Blinderman, Esquire is entitled to recover an expert witness fee in this matter. The Court further finds that Mr. Blinderman was required to take time out of his practice to testify before the Court and it was burdensome for him to do so. Mr. Blinderman was unable to testify at the hearing scheduled for February 25, 2003, as the Defendant had not yet complied with the Court’s Order Preliminary to Hearing on Motion to Tax Costs and Award Attorney’s Fees, and accordingly, that hearing was cancelled. In the Court’s Sua Sponte Order of Contempt, the Court found that Mr. Blinderman was entitled to be compensated for his services in this matter. Mr. Blinderman has submitted an Affidavit in support of same. Accordingly, this Court finds Mr. Blinderman expended a total of 2 hours preparing for and attending the hearing on February 25, 2003. He is to be compensated at a rate of $250.00 per hour for his time.
7. This Court finds that Charles H. Bechert, III, Esquire, is entitled to recover an expert witness fee for his testimony in this matter. The Court further finds that Mr. Bechert was required to take time out of his practice to testify before the Court and it was burdensome for him to do so. Mr. Bechert testified that he expected to be compensated for the time spent preparing and testifying for this hearing. Accordingly, this Court finds Mr. Bechert expended at total of 2 hours preparing for and testifying in this matter. He is to be compensated at a rate of $250.00 per hour for his time.
8. This Court further finds that there are costs incurred by Andrew J. Weinstein, Esquire in connection with this matter in the amount of $145.50.
9. This Court further finds that Plaintiff’s attorney is entitled to pre-judgment interest at the statutory rate on the attorney’s fees and costs award from December 7, 2001. The pre-judgment interest from December 7, 2001 to the date of this Order is $ Reserved.
It is therefore ORDERED AND ADJUDGED that Plaintiff, WILMA HOCH, recover from Defendant, PROGRESSIVE EXPRESS INSURANCE COMPANY, attorney’s fees in the amount of $3,637.50, plus costs in the amount of $145.50 plus pre-judgment interest thereon in the amount of $ Reserved, plus expert witness fees in the amount of $1,000.00, making a grand total of $4,783.00, for which sum let execution issue, and that said total shall bear interest at the statutory rate from the date of execution of this Order, until paid in full.
The Court hereby reserves jurisdiction for the purpose of considering any and all post-hearing matters.
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