12 Fla. L. Weekly Supp. 1087b
Attorney’s fees — Insurance — Personal injury protection — Hearing — Continuance — Where counsel for medical provider filed notice of conflict asserting that he could not appear at fee hearing and motion for continuance of hearing but counsel failed to set motion for hearing, appear at fee hearing or contact court to excuse appearance, court proceeded with fee hearing — Amounts of attorney’s fees and paralegal fees calculated — Expert witness fee awarded
BAYSIDE HEALTHCARE REHAB, INC., (As Assignee of Carlos Gerena), Plaintiff, vs. LINCOLN GENERAL INSURANCE COMPANY, Defendant. County Court, 13th Judicial Circuit in and for Hillsborough County, Small Claims Division. Case No. 04-6331-SC, Division L. June 10, 2005. Paul L. Huey, Judge. Counsel: Gale L. Young, Gale L. Young, P.A., Tampa. Timothy A. Patrick.
FINAL JUDGMENT DETERMINING THE AMOUNT OF ATTORNEY’S FEES TO BE PAID TO DEFENDANT
THIS CAUSE, having come on before this Court on February 7, 2005 for a Fee Hearing, the court previously finding entitlement to attorney’s fees pursuant to the Court’s order of November 2, 2004 [12 Fla. L. Weekly Supp. 159a], the court having reserved jurisdiction as to the amount of fees to be awarded to Defendant, this court finds as follows:
1. On August 5, 2004, Plaintiff entered a Voluntary Dismissal of its case, without prejudice.
2. On August 11, 2004, Defendant served its Motion to Determine Entitlement to Attorney’s Fees, citing Florida Statutes, Section 57.105 as its basis for such an award.
3. On November 2, 2004, the Court entered its Order granting entitlement to attorney’s fees pursuant to Florida Statutes, Section 57.105, and reserved jurisdiction to determine the amount of attorney’s fees to be awarded. See Order on Defendant’s Motion to Determine Entitlement to Attorney’s Fees, attached as Exhibit A. [Editor’s Note: Attachments not included with this opinion.]
4. On November 19, 2004, counsel for Defendant noticed its Fee Hearing for February 7, 2005.
5. On January 28th, 2005, counsel for Plaintiff filed a Notice of Conflict asserting that counsel could not appear for the February 7, 2005 hearing, and on February 1, 2005, counsel for Plaintiff filed Plaintiff’s Emergency Motion for Continuance and Plaintiff’s Amended Emergency Motion for Continuance. See Notice of Conflict, Plaintiff’s Emergency Motion for Continuance, and Plaintiff’s Amended Emergency Motion for Continuance, attached as Exhibits B, C, and D, respectively.
6. Counsel for Plaintiff failed to set its Motions for hearing, failed to appear at said hearing, and failed to contact the court to excuse Plaintiff’s counsel’s appearance at the February 7, 2005 hearing.
7. The Court proceeded with Defendant’s fee hearing where counsel for Defendant presented evidence to support the hourly rates and the amount of time expended to support Defendant’s demand for attorney’s fees, paralegal fees, and costs. This evidence included:
a. the affidavit of Gale L. Young, Esquire, for time performed by attorneys and paralegals at the law firm of Gale L. Young, P.A.;
b. the testimony of Gale L. Young, Esquire, as to the nature and extent of defense counsels’ involvement in the defense of this matter, and the involvement of paralegals, while the case was handled by the law firm of Gale L. Young, P.A.
d. the testimony of Robert Oxendine, Esquire, who testified as an expert regarding the reasonableness of the amount of time expended by all counsel for Defendant, the reasonableness of the time expended by paralegals, the reasonableness of the hourly rates charged by the attorneys and paralegals, and the reasonableness of the amount of time expended to perform the tasks by attorneys and paralegals as delineated in the time sheets of Gale L. Young, P.A., which are part of the record.
8. The Court finds that the hourly rate of $140.00 per hour for work performed by Gale L. Young, Esquire, is a reasonable hourly rate for the legal tasks performed by her.
9. The Court finds that the hourly rate of $125.00 per hour for work performed by attorneys under the supervision of Gale L. Young, Esquire, is a reasonable hourly rate for the legal tasks performed by those attorneys.
10. The Court also finds that $75.00 per hour is a reasonable hourly rate for the tasks performed by paralegals.
11. The court awards Defendant a total of $3,971.75 for the services performed by Gale L. Young, P.A., as follows:
a. The court finds that the 23.2 hours billed at the rate of $140.00 per hour for a total of $3,248.00 for services performed by Gale L. Young, Esquire, was reasonable for the services performed in defense of this action.
b. The court finds that the 3.9 hours billed at the rate of $125.00 per hour for a total of $487.50 for services performed by attorneys under the supervision of Gale L. Young, Esquire, at Gale L. Young, P.A., was reasonable for the services performed in defense of this action.
c. The court finds that 3.15 hours, billed at the rate of $75.00 per hour for a total of $236.25 for services performed by paralegals at the firm of Gale L. Young, P.A. was reasonable for the services performed in defense of this action.
12. The Court further finds that Robert Oxendine, Esquire, Defendant’s expert witness expended 1.8 hours at a rate of $200.00 per hour, in preparation for and attendance at the fee hearing held on February 7, 2005 and is entitled to a fee of $360.00.
ORDERED AND ADJUDGED that Plaintiff, and counsel for Plaintiff, Timothy A. Patrick, Esquire, shall pay to Defendant as the prevailing party, and pursuant to §57.105, F.S.:
13. Attorney’s fees in the amount of $3,735.50;
14. Paralegal fees in the amount of $236.25; and
15. Expert witness fees for Robert Oxendine, Esquire in the amount of $360.00.
16. Therefore, Plaintiff and counsel for Plaintiff, Timothy A. Patrick, Esquire, shall pay in equal amounts, fifty percent each, to Defendant, LINCOLN GENERAL INSURANCE COMPANY, whose address is c/o Access Claims Administrators, Inc., Post Office Box 272030, Tampa, FL 33688-3030, $4,331.75, within thirty (30) days of the entry of this judgment, which shall bear interest at the legal rate of 7% per annum, or .0001918 per day, from the date of entry of this Order and Final Judgment, plus prejudgment interest up through February 7, 2005, for which let execution issue.
The court retains jurisdiction to enforce this Judgment.
* * *
