11 Fla. L. Weekly Supp. 364b
Insurance — Personal injury protection — Attorney’s fees — Contingency risk multiplier
RURAL METRO AMBULANCE, INC., as assignee of Juana Lopez, Plaintiff, vs. MERCURY CASUALTY COMPANY, Defendant. County Court, 18th Judicial Circuit in and for Seminole County. Case No. 03-SC-1056. October 10, 2003. Carmine M. Bravo, Judge. Counsel: Rutledge M. Bradford, Orlando; Kevin B. Weiss, Weiss Legal Group, P.A., Maitland, for Plaintiff. Phil Yurecka, Reynolds & Stowell, P.A., St. Petersburg, for Defendant.
FINAL JUDGMENT AWARDING ATTORNEY’S FEES AND COSTS
THIS CAUSE came on to be heard on the Plaintiff’s Motion to Tax 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, reasonably expended 33.5 hours in representing the Plaintiff in this cause.
2. That a reasonable hourly rate to be paid by the Defendant to Plaintiff’s counsel, Kevin B. Weiss, is $300.00 per hour.
3. That the Court finds that Plaintiff’s counsel undertook the representation of the Plaintiff pursuant to a pure contingency fee agreement as defined in State Farm v. Palma, 555 So.2d 836.
4. That the Court has considered all of the factors or criteria set forth in Florida Patient’s Compensation Fund v. Rowe, 472 So.2d 1145 as well as Standard Guaranty Insurance Company v. Quanstrom, 555 So.2d 818.
5. That taking into consideration the evidence, as well as the above law, the Court finds that the Plaintiff’s chances of success at the outset or onset of this case were:
less than even (x 2.0-2.5)
approximately even (x 1.5-2.0)
x more likely than not (x 1.0-1.5)
This multiplier is awarded based upon the following findings of fact:
a. contingency risk contract
b. evidence and testimony presented to the court at hearing.
Accordingly, a contingency risk multiplier of 1.25 is appropriate and applicable.
6. 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 $12,562.50.
7. That Plaintiff’s counsel, Kevin B. Weiss, incurred reasonable costs in the amount of $0 during his representation of the Plaintiff in this case.
8. That prejudgment interest at 6% per annum is due to Plaintiff’s counsel on the attorney fee and costs from 6-26-03 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 $154.88.
WHEREFORE, it is hereby ORDERED AND ADJUDGED:
1. That Plaintiff’s Motion to Tax Attorney’s Fees and Costs is hereby GRANTED.
2. That Plaintiff’s counsel, Kevin B. Weiss, does have and recovers from the Defendant, MERCURY CASUALTY COMPANY, a reasonable attorney’s fee in the amount of $12,562.50 and costs in the amount of $0 for a total sum of $12,562.50, together with prejudgment interest in the amount of $154.88 for which let execution issue forthwith.
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