11 Fla. L. Weekly Supp. 364d
Insurance — Personal injury protection — Attorney’s fees — Contingency risk multiplier
IVY PIMENTIL, Plaintiff, vs. ALLSTATE INSURANCE COMPANY, Defendant. County Court, 18th Judicial Circuit in and for Seminole County. Case No. 02-CC-1112-20-S. September 25, 2003. John R. Sloop, Judge. Counsel: Kevin B. Weiss, Weiss Legal Group, P.A., Maitland, for Plaintiff. Michael J. LaPorte, Cameron, Hodges & Coleman, Orlando, for Defendant. Michael B. Brehne, Maitland.
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. That 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. That Mr. Weiss reasonably expended 18.7 hours in representing the Plaintiff in this cause.
3. That a reasonable hourly rate to be paid by the Defendant to Plaintiff’s counsel, Kevin B. Weiss, is $300.00 per hour.
4. That 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 $5,610.00.
5. That Plaintiff’s counsel, Kevin B. Weiss, incurred reasonable costs in the amount of $30.00 during his representation of the Plaintiff in this case.
6. That prejudgment interest at 6.0% per annum is due to Plaintiff’s counsel on the attorney fee and costs from 4 Sept. 03 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 $20.40.
WHEREFORE, it is hereby ORDERED AND ADJUDGED:
1. That Plaintiff’s Motion to Tax Post-Judgment Attorney’s Fees and Costs is hereby GRANTED.
2. That Plaintiff’s counsel, Kevin B. Weiss, does have and recovers from the Defendant, Allstate Insurance Company, a reasonable attorney’s fee in the amount of $5,610.00 and costs in the amount of $30.00 for a total sum of $5640.00, together with prejudgment interest in the amount of $20.40 for which let execution issue after 30 days.
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