11 Fla. L. Weekly Supp. 575b
Attorney’s fees — Insurance — Personal injury protection — Amount — Fees awarded for 80 hours at $275 per hour — Contingency risk multiplier — Where attorney for provider/assignee was not able to mitigate risk of nonpayment, and relevant market required multiplier in order for provider to obtain competent counsel, multiplier of 1.5 is awarded — Costs, expert witness fee, and prejudgment interest awarded
DR. JASON T. MARUCCI d/b/a SPINAL HEALTH REHAB CENTERS as assignee for Alberto Bittan, Plaintiff, vs. UNITED AUTOMOBILE INSURANCE COMPANY, Defendant. County Court, 17th Judicial Circuit in and for Broward County. Case No. 02-12805 COCE (52). April 5, 2004. Jay Spechler, Judge. Counsel: Cris Evan Boyar, for Plaintiff. Spencer Rose, for Defendant.
FINAL JUDGMENT AND ORDER ON PLAINTIFF’S MOTION TO SET REASONABLE ATTORNEY’S FEE AND COSTS
This action was heard on the PLAINTIFF’S MOTION TO SET A REASONABLE ATTORNEY’S FEE. Upon consideration, it is
ORDERED and ADJUDGED that:
1. The PLAINTIFF’S MOTION TO SET REASONABLE ATTORNEY’S FEE is hereby GRANTED.
2. Cris Evan Boyar, Esq., is entitled to 80 hours for reasonable time spent in this case. An hourly rate of $275 per hour is reasonable for Cris Evan Boyar, Esq.
3. Plaintiff’s Expert Witness, Steven Farbman, Esq., was necessary to render an opinion relating to the reasonable number of hours, a reasonable hourly rate and the applicability of a contingency fee multiplier. Steven Farbman, Esq. was required to take time away from his practice and is entitled to 3.5 hours for reasonable time spent in this case. The court finds an hourly rate of $275 is reasonable for Steven Farbman, Esq., in light of his background and experience. Mr. Farbman is to receive $962.50.
4. This Court has considered the factors enunciated in Standard Guaranty Insurance Co. v. Quanstrom, 555 So.2d 828 (Fla. 1990), Bell v. U.S.B. Acquisition, 734 So.2d 403 (Fla. 1999) and Florida Patient’s Compensation v. Rowe, 472 So.2d 1145 (Fla. 1985) such as: the time and labor required; the novelty, complexity, and difficulty of the legal and factual questions involved in this case which included an examination under oath defense; the requisite skill, reputation, diligence, efficiency and ability of Cris Evan Boyar; the responsibility involved in the representation of the Plaintiff; the results obtained; the contingency fee agreement entered into by and between the Plaintiff and her attorney; and public policy. The Court finds Plaintiff’s counsel was not able to mitigate the risk of nonpayment in any way and the Court has applied the factors in Rowe in reaching this determination. The court finds the relevant market required a multiplier in order for the Plaintiff to obtain competent counsel in this case.
5. Accordingly, this Court hereby finds that a contingency fee multiplier of 1.5 is applicable to this case.
6. The Plaintiff is awarded costs of $247.00
7. Judgment against this Defendant is GRANTED in the principal amount of $34,209.50 (attorney’s fees, taxable costs and expert witness fee) plus prejudgment interest of 7% from 1/16/04 (the date of the final judgment) until the date of this judgment in the amount of $491.01 for a total amount of $34,700.51 (Principal plus interest), for which let execution issue.
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