12 Fla. L. Weekly Supp. 1176b
Attorney’s fees — Insurance — Personal injury protection — Amount — Attorney’s fees, expert witness fee, costs and prejudgment interest are awarded pursuant to agreement of parties
HIALEAH OPEN MRI, INC. (a/a/o Duvil Baptiste), Plaintiff, vs. UNITED AUTOMOBILE INSURANCE COMPANY, Defendant. County Court, 11th Judicial Circuit in and for Miami-Dade County. Case No. 02-28885 SP 23 2. September 29, 2005. Caryn C. Schwartz, Judge. Counsel: Craig H. Blinderman and Mary-Margaret Warren, Mrejen Blinderman, P.L., Ft. Lauderdale, for Plaintiff. Monica Barnes, for Defendant.
AGREED ORDER DETERMINING AMOUNT OF ATTORNEY’S FEES AND COSTS
THIS CAUSE came before the Court on Plaintiff’s Motion to Tax Attorney’s Fees and Costs. After being advised of the agreement of the parties and being otherwise advised in the premises, the Court makes the following findings:
1. That counsel for the Plaintiff is entitled to recover reasonable attorney’s fees.
2. The reasonable number of hours expended by Craig H. Blinderman, Esquire in this matter is 24.0 hours. The reasonable number of hours expended by Mary-Margaret Warren, Esquire in this matter is 27.9 hours.
3. Pursuant to the agreement of the parties, Craig H. Blinderman. Esquire is entitled to be compensated at the rate of $325.00 per hour for his time. Mary-Margaret Warren, Esquire is entitled to be compensated at the rate of $250.00 per hour for her time.
4. These findings of $325.00 per hour for Craig H. Blinderman, Esquire and $250.00 per hour for Mary-Margaret Warren, Esquire are based upon fees customarily charged in Miami-Dade County by lawyers of reasonably comparable skill, experience and reputation for the quality of legal services performed in this case, the nature of the professional relationship between the Plaintiff and its counsel, and the reputation and ability of Craig H. Blinderman, Esquire and Mary-Margaret Warren, Esquire.
5. Kenneth J. Dorchak, Esquire is entitled to recover an expert witness fee in this matter. Mr. Dorchak expended a total of 3.0 hours. He is to be compensated at a rate of $325.00 per hour for his time.
6. Costs incurred by Plaintiff in connection with this matter are $470.00.
It is therefore ORDERED AND ADJUDGED;
7. That Craig H. Blinderman, Esquire is entitled to be compensated at the rate of $325.00 per hour for his time prosecuting this cause. Mary-Margaret Warren, Esquire is entitled to be compensated at the rate of $250.00 for her time prosecuting this cause as well.
8. That counsel for the Plaintiff reasonably expended 51.9 hours in the prosecution of this lawsuit.
9. That the lodestar (the reasonable hours expended by Plaintiff’s counsel, multiplied by the reasonable hourly rate) is N/A.
10. That no multiplier shall be awarded.
11. That counsel for Plaintiff is entitled to $470.00 in costs.
12. That Kenneth J. Dorchak, Esquire is entitled to $975.00 for his expert testimony.
13. The applicable pre-judgment interest is $257.53.
14. The total attorneys fees, applicable costs and interest yield a total fee award of $16,477.53 for Plaintiff’s counsel; for which sum let execution issue.
15. This Court reserves jurisdiction to enforce this Order as well as issue any further relief it deems appropriate and just.
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