11 Fla. L. Weekly Supp. 651a
Attorney’s fees — Insurance — Personal injury protection
DENNIS J. D’ERAMO, D.C., P.A., As assignee of BEATRICE BOOSKOS, Plaintiff, vs. NATIONWIDE MUTUAL FIRE INSURANCE COMPANY, a corporation authorized and doing business in the State of Florida, Defendant. County Court, 9th Judicial Circuit in and for Orange County. Case No. CCO-02-10812. May 12, 2004. C. Jeffery Arnold, Judge. Counsel: Kevin B. Weiss, Weiss Legal Group, P.A., Maitland, for Plaintiff. Kristine Oureilidis, Fowler, White, et al., Tampa, for Defendant.
FINAL JUDGMENT AWARDING POST-JUDGMENT ATTORNEY’S FEES AND COSTS
THIS CAUSE came on to be heard on the Plaintiff’s Motion to Tax Post-Judgment Attorney’s Fees and Costs of Kevin B. Weiss, and the Court having heard testimony, argument and examined the Court file, the Court makes the following findings of fact:
1. Plaintiff’s counsel, Kevin B. Weiss, Esquire, is entitled to recover reasonable attorney’s fees and costs for post-judgment work related to his collection activities and related to having to prove entitlement to attorney’s fees and costs.
2. Mr. Weiss reasonably expended 14.1 hours in representing the Plaintiff in this cause.
3. A reasonable hourly rate to be paid by the Defendant to Plaintiff’s counsel, Kevin B. Weiss, is $300.00 per hour.
4. Based upon this Court’s determination, the total attorney’s fees that the Plaintiff is entitled to recover from the Defendant for the services of his attorney, Kevin B. Weiss, before this Court is $4,230.00.
5. Plaintiff’s counsel, Kevin B. Weiss, incurred reasonable costs in the amount of $0 during his representation of the Plaintiff in this case.
6. Plaintiff’s expert witness, Charles R. George, III, Esq., is entitled to be compensated for the time he expended in preparing to testify and testifying in this case. Mr. George expended 3.5hours in this case, and a reasonable hourly rate for Mr. George is $300.00 per hour. See, Stokus v. Phillips, 651 So.2d 1244 (Fla. 2d DCA 1995).
7. Prejudgment interest at 6% per annum is due to Plaintiff’s counsel on the attorney fee and costs from 1-30-04 until the entry of this final judgment pursuant to Quality Engineering, Inc. v. Higley South, Inc., 670 So.2d 929. Thus, the total amount of prejudgment interest due is $83.55.
WHEREFORE, it is hereby ORDERED AND ADJUDGED:
8. Plaintiff’s Motion to Tax Post-Judgment Attorney’s Fees and Costs is hereby GRANTED.
9. Plaintiff’s counsel, Kevin B. Weiss, does have and recovers from the Defendant, Nationwide Mutual Fire Insurance Company, a reasonable attorney’s fee in the amount of $4,230.00, expert witness costs of $1,050.00, and costs in the amount of $0 for a total sum of $5,280.00, together with prejudgement interest in the amount of $83.55 for which let execution issue.
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