11 Fla. L. Weekly Supp. 584b
Attorney’s fees — Insurance — Reasonable hourly rate is $300 for plaintiff’s counsel and $75 for paralegal — Contingency risk multiplier — In consideration of relevant market requiring multiplier to obtain competent counsel, attorney’s ability to mitigate risk of nonpayment, other Rowe factors, and finding that at outset of case likelihood of plaintiff prevailing was greater than 50%, application of multiplier is appropriate — Expert witness fee and costs awarded
FRANCIS DELISLE, Plaintiff, vs. PROGRESSIVE CONSUMERS INSURANCE COMPANY, Defendant. County Court, 18th Judicial Circuit in and for Brevard County. Case No. 05-2002-CC-029345-XXXX. April 16, 2004. William T. McCluan, Judge. Counsel: Charles T. Becker. George Milev, Adams, Blackwell & Diaco, P.A., Tampa. Jack Platt.
JUDGMENT AWARDING ATTORNEY’S FEES AND COSTS
THIS CAUSE came on to be heard before the Court on February 20, 2004, on Plaintiff’s Motion for Attorney’s Fees and Costs filed herein by Plaintiff, FRANCIS DELISLE (“Delisle”). The Court having reviewed the pleadings, the motion and sworn affidavits, having received sworn testimony from Plaintiff’s expert, Jack Platt, Esquire, and Defendant’s expert, James Nicholas, Esquire, and having been otherwise duly advised in the premises, the Court concludes as follows:
1. Plaintiff’s counsel, Charles T. Becker, Esquire, reasonably expended 43.65 hours in the handling of this case.
2. 13.8 paralegal hours were reasonably expended by Plaintiff’s counsel in the handling of this case.
3. Plaintiff’s counsel reasonably expended costs in the amount of $601.50 in the handling of this case, for which Plaintiff should be properly compensated under §627.428(1), Florida Statutes.
4. A reasonable hourly rate for the services of Plaintiff’s counsel is $300 per hour.
5. A reasonable hourly rate for the services of Plaintiff’s counsel’s paralegal is $75 per hour.
6. The Court concludes that a lodestar amount of $14,130.00 results by virtue of the multiplication of the time reasonable and actually expended by Plaintiff’s counsel, by the reasonable hourly rate as determined by the Court.
In determining a reasonable fee, the Court has considered the criteria set forth in Florida Patients’ Compensation Fund vs. Rowe, 472 So.2d 1145 (Fla. 1985); Standard Guarantee Insurance Company vs. Quanstrom, 555 So.2d 828 (Fla. 1990); Bell vs. U.S.B. Acquisition Company, Inc., 734 So.2d 403 (Fla. 1999); and Rule 4-1.5, The Florida Bar Rules of Professional Conduct. Under the findings in these cases, the key factors considered by the Court were:
X whether the relevant market requires a contingency fee multiplier to obtain competent counsel;
X whether the attorney was able to mitigate the risk of nonpayment in any way;
X whether the factors set forth in Rowe are applicable, especially, the amount involved, the results obtained, and the type of fee arrangement between the attorney and his client.
7. The Court finds that at the outset of the litigation, the likelihood of the Plaintiff prevailing on the claim was:
X greater than
equal to
less than
fifty percent (50%), given the quality of Plaintiff’s claim and that of his counsel. Considering that and the other appropriate factors including without limitation the contingency fee arrangement between the Plaintiff and Mr. Becker,
X a multiplier of 1.25 should appropriately be applied to this case.
A multiplier should not be applied to this case.
8. The expert witnesses as to attorney fees gave presentations that were both spirited and informative. The Court finds that Plaintiff’s expert, Jack Platt, Esquire, actually and reasonably expended 4.0 hours in testifying and preparing to do so, and that a reasonable rate for his time is $250.00 per hour. Therefore, Jack Platt, Esquire is entitled to an expert fee of $1,000.00.
Therefore, it is hereby ORDERED, ADJUDGED, DECREED and DECLARED as follows:
1. Defendant, PROGRESSIVE CONSUMERS INSURANCE COMPANY, shall pay to Charles T. Becker, P.A., for services rendered to the Plaintiff, FRANCIS DELISLE, as her counsel in this case, the following sums:
$16,368.75 for reasonable attorney’s fees
$1,293.75 for paralegal services
$601.50 for recoverable costs incurred
$18,264.00 TOTAL RECOVERY
The amount ordered herein shall bear interest at the legal rate, for which let execution issue forthwith.
2. Defendant, PROGRESSIVE CONSUMERS INSURANCE COMPANY, shall pay to Jack Platt, Esquire, the sum of $1,000.00 for his time as an expert witness in this case.
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