11 Fla. L. Weekly Supp. 651b
Insurance — Settlement agreement — Enforcement — Plaintiff is entitled to 12% interest on settlement proceeds tendered more than 20 days after date of settlement — Plaintiff is awarded attorney’s fees and expert witness fee
JEFFREY B. FRIEDMAN, M.D., P.A., Plaintiff, vs. ALLSTATE INDEMNITY 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. 03-CC-11103. May 14, 2004. Wayne Shoemaker, Judge. Counsel: Kevin B. Weiss, Weiss Legal Group, P.A., Maitland, for Plaintiff. Bradley R. Killinger, Ocala, for Defendant.
FINAL JUDGMENT
THIS CAUSE came on to be heard on the Plaintiff’s Motion to Enforce Settlement, For Interest and for Attorney’s Fees and Costs and the Court having heard argument and examined the Court file along with the Plaintiff’s affidavit, the Court finds the following facts:
1. This is a lawsuit for the issuance of a bad check by Defendant Allstate brought by Jeffrey B. Friedman, M.D., P.A.
2. On December 15, 2003, the Honorable Wayne J. Shoemaker, Orange County Judge, entered a Final Judgment in this case. That Final Judgment granted entitlement to the Plaintiff’s attorney’s fees and costs.
3. On March 16, 2004, the parties agreed to resolve the attorney’s fees and costs incurred by the Plaintiff.
4. Under Florida law, the settlement funds were to be tendered to the Plaintiff by April 5, 2004, twenty (20) days after the date of settlement. The settlement funds were not received by the Plaintiff until April 17, 2004.
5. Florida Statute Section 627.4265 requires 12% interest of settlement proceeds if the insurer does not tender settlement amounts within twenty (20) days of settlement.
6. The Defendant has not stipulated to the Plaintiff’s entitlement to reasonable attorney’s fees and costs and the Defendant has not stipulated to the Plaintiff’s entitlement to interest pursuant to Florida Statute Section 627.4265.
WHEREFORE, it is hereby ORDERED AND ADJUDGED:
1. That Plaintiff’s Motion to Enforce Settlement is hereby GRANTED.
2. That Plaintiff’s attorney does have and recovers from the Defendant, Allstate Indemnity Company, the amount of $196.48, and interest shall run at 7% on this judgment until payment in full of the judgment for which let execution issue forthwith.
3. The Plaintiff’s Motion for Attorney’s Fees and Costs is GRANTED. See Pepper’s Steel & Alloys, Inc. v. United States of America, 28 Fla. L. Weekly S 455 (Fla. 2003).
4. That Plaintiff’s counsel, Kevin B. Weiss, Esquire, is entitled to recover reasonable attorney’s fees for work related to the Motion to Enforce Settlement and related to having to prove entitlement to attorney’s fees.
5. That Mr. Weiss reasonably expended 8.9 hours in representing the Plaintiff in this cause.
6. That a reasonable hourly rate to be paid by the Defendant to Plaintiff’s counsel, Kevin B. Weiss, is $300.00 per hour.
7. 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 $2670.00, for which let execution issue forthwith.
8. Plaintiff’s expert witness on attorney’s fees, Glenn Klausman, Esq., is entitled to be compensated for the time he expended in preparing to testify and testifying in this case. Mr. Klausman expended 2 hours in this case, and a reasonable hourly rate for Mr. Klausman is $400.00 per hour. See, Stokus v. Phillips, 651So.2d 1244 (Fla. 2d DCA 1995). Therefore, the total amount of costs due to the Plaintiff is $800.00, for which let execution issue forthwith.
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