12 Fla. L. Weekly Supp. 76a
Attorney’s fees — Insurance — Personal injury protection — Contingency risk multiplier — Where parties agree that multiplier is appropriate, and court finds likelihood of success was less than even at outset, multiplier of 2.0 is applicable — Costs and prejudgment interest awarded
AXCESS MRI (as assignee of Donald Rogers), Plaintiff, vs. NATIONWIDE MUTUAL FIRE INSURANCE COMPANY, a foreign corporation, Defendant. County Court, 4th Judicial Circuit in and for Duval County. Case No. 03-CC-5628, Division B. October 14, 2004. Roberto A. Arias, Judge. Counsel: Vincent Gallagher, The Gallagher Law Firm, Jacksonville, for Plaintiff.
ORDER
THIS CAUSE came on to be heard on September 13, 2004 on Plaintiff’s Motion to Tax Attorney’s Fees, Legal Assistant Fees and Costs, with interest. Present before the Court appeared Vincent P. Gallagher, Esquire, attorney for Plaintiff and Andrea Paro, Esquire, attorney for Defendant. The Court finds that:
A. Plaintiff is entitled to the agreed loadstar amount of $12,713.50 for attorney’s fees and legal assistant fees on time spent both before and after the time the suit was filed.
B. Counsel for the Plaintiff maintained that he should be entitled to a multiplier of 2.0, whereas the Defendant maintained that the Court should only impose a multiplier of 1.5 in this case. Both parties agreed that a multiplier was appropriate in the case.
C. The Court finds that, at the outset, the likelihood of success was less than even. Therefore, under the Supreme Court of Florida, position in Standard Guarantee Insurance Co. v. Quanstrom, 555 So.2d 828 (Fla. 1990), the Court finds a multiplier of 2.0 should apply.
Therefore, the Court finds that the Plaintiff is entitled to attorney’s fees and legal assistant fees in the amount of $25,427.00, with seven percent (7%) interest from June 21, 2004, the date in which the Defendant confessed judgment by paying the disputed benefits, in the amount of $667.00 and costs in the amount of $324.00. Wherefore, it is hereby
ORDERED:
The Plaintiff, AXCESS MRI (as assignee of Donald Rogers), shall recover from Defendant, NATIONWIDE MUTUAL FIRE INSURANCE COMPANY, the amount of $25,427.00 as reasonable attorney fees and $667.00 for prejudgment interest on those fees along with $324.00 in taxable costs for a total of $26,418.00, that shall bear interest at the legal rate pursuant to Chapter 55, Florida Statutes, for all of which let execution issue.
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