11 Fla. L. Weekly Supp. 570a
Attorney’s fees — Insurance — Personal injury protection — Contingency risk multiplier — Where relevant market requires multiplier to obtain competent counsel and likelihood of success at outset was about even, 1.5 multiplier is appropriate — Costs, expert witness fee, and prejudgment interest awarded
CYNTHIA FASHAW, Plaintiff, vs. PROGRESSIVE EXPRESS INSURANCE COMPANY, Defendant. County Court, 15th Judicial Circuit in and for Palm Beach County. Case No. 50 2002 CC 013908 XXXX MB. Division RF. April 16, 2004. Joseph Marx, Judge. Counsel: Lee Sarkin, Boca Raton, for Plaintiff. Blake Crane, Williams, Leininger & Cosby, P.A., West Palm Beach, for Defendant.
ORDER ON PLAINTIFF’S MOTION FOR FEES AND COSTS
THIS CAUSE came before the Court on April 13, 2004, on Plaintiff’s Motion to Tax Attorney’s Fees and Costs, with both parties well represented by counsel. Based on the evidence presented the Court makes the following findings of fact and conclusions of law:
1. The Plaintiff filed an action for PIP benefits from Defendant.
2. The Defendant settled the action on February 18, 2004. The Defendant conceded Plaintiff’s entitlement to attorney’s fees.
3. Based on the testimony of the Plaintiff’s counsel and the independent expert witness, the Court concludes that the Plaintiff’s counsel reasonably and necessarily devoted 43 hours to prosecution of this action at a reasonable rate of $225.00 per hour, for a lodestar fee of $9,675.00. The Court has considered those factors enumerated in Johnson v. Georgia Highway Express, 488 F. 2d 714 (5th Cir. 1974), and Rule of Professional Conduct 4-1.5(B), in reaching its decision.
4. The Plaintiff hired Lee Sarkin counsel on a pure contingency basis.
5. The Court finds that the relevant market requires a contingency fee multiplier to obtain competent counsel, that the likelihood of success at the outset was approximately even, and that 1.5 represents the appropriate multiplier. Standard Guaranty Insurance Co. v. Quanstrom, 555 So. 2d 828 (Fla. 1990).
6. The Plaintiff has incurred $215.00 in taxable post-judgment costs, based on the Uniform Guidelines for Taxation of Costs in Civil Actions.
7. The Court awards Plaintiff’s expert witness a fee for his services of $1,800.00.
8. This Court finds that the Plaintiff’s counsel is entitled to an attorney’s fee award from the Defendant on February 18, 2004, the date of the Defendant’s confession of judgment. Consequently, the Plaintiff is entitled to collect 7% interest per annum on the fee award of $14, 512.50 from February 18, 2004 through today, for interest in the amount of $158.54.
Based on the foregoing, it is
ORDERED AND ADJUDGED that the Plaintiff, CYNTHIA FASHAW, shall recover from the Defendant, PROGRESSIVE EXPRESS INSURANCE COMPANY, the sum of $14,512.50 in fees, $215.00 in costs, and $1,800.00 for expert witness fees and $158.64 in pre-judgment interest for a total of $16,686.14, for which amount let execution issue, with statutory post-judgment interest.
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