12 Fla. L. Weekly Supp. 237b
Attorney’s fees — Insurance — Personal injury protection — Prevailing insurer is awarded attorney’s fees and costs for representation after rejection of proposal for settlement — Expert witness fee and prejudgment interest are awarded
PHYSICIANS EXTENDED SERVICES, a/a/o CHRISTINA L. NELSON, Plaintiff, v. PROGRESSIVE EXPRESS INSURANCE COMPANY, Defendant. County Court, 9th Judicial Circuit in and for Orange County, Civil Division. Case No. 2003-SC-14544. December 14, 2004. Jerry B. Brewer, Judge. Counsel: Steven C. Blinn, for Plaintiff. Phil S. Yurecka, Reynolds & Stowell, St. Petersburg, for Defendant.
ORDER GRANTING DEFENDANT’S MOTION TO TAX ATTORNEY FEES AND COSTS AND AWARDING ATTORNEY FEES AND COSTS TO DEFENDANT AND FINAL JUDGMENT FOR ATTORNEY FEESAND COSTS TO DEFENDANT
THIS CAUSE having come on for hearing on November 30, 2004, on the Defendant’s Motion to Tax Attorney Fees and Costs, and the Court having heard the arguments of counsel, having heard the testimony of counsel and the witnesses, having reviewed the affidavits filed by counsel for the Defendant, having reviewed the Court file, and being fully apprized in the premises, the Court makes the following findings of facts:
1. The Defendant, PROGRESSIVE EXPRESS INSURANCE COMPANY, is the prevailing party in this case as contemplated within Florida Statutes sections 57.041, 57.071, 57.104, and 768.79.
2. Counsel for the Defendant, Reynolds & Stowell, P.A., and Phil S. Yurecka, Esquire, expended the total amount of 36.68 hours in representing the Defendant in this case subsequent to the Defendant’s service of a rejected proposal for settlement to the Plaintiff, which amount the Court expressly finds reasonable.
3. Counsel for the Defendant engaged in representation of the Defendant in this case at an agreed-upon hourly rate of $100.00, which the Court expressly finds reasonable, pursuant to the stipulation of Plaintiff’s counsel.
4. The Court has considered all of the factors or criteria for determination of an attorney fee award as set forth in Florida Patient’s Compensation Fund v. Rowe, 472 So. 2d 1145 (Fla. 1985), and Standard Guaranty Ins. Co. v. Quanstrom, 555 So. 2d 888 (Fla. 1990).
5. Based upon the Court’s review and determinations, the Defendant shall recover 3668 in attorney fees from the Plaintiff for the services of defense counsel incurred in relation to this matter.
6. Counsel for the Defendant, Reynolds & Stowell, P.A., incurred 290 in costs considered taxable under the Florida Statewide Uniform Guidelines for Taxation of Costs in Civil Actions in representing the Defendant in this case subsequent to the Defendant’s service of a rejected proposal for settlement to the Plaintiff, which amount the Court expressly finds reasonable.
7. Based upon the Court’s review and determinations, the Defendant shall recover 290 in taxable costs from the Plaintiff for defense costs incurred in relation to this matter.
8. The Defendant’s expert, Louis Kaye, Esquire, expended 3 hours in preparation for and attendance at the hearing on Defendant’s Motion to Tax Attorney Fees and Costs, which the Court expressly finds reasonable.
9. The Defendant’s expert, Louis Kaye, Esquire, served as the Defendant’s expert witness at an hourly rate of 175, which the Court expressly finds reasonable.
10. Based upon the Court’s review and determinations, the Defendant shall recover 525 in expert witness fees from the Plaintiff for expert witness fees incurred for the retention of Louis Kaye, Esquire, as expert witness in relation to this matter.
11. Prejudgment interest of ___ percent per annum is due to counsel for the Defendant on the attorney fees and costs awarded herein from the date of ___ until the entry of this Order. Therefore, the amount of prejudgment interest due is ___.
WHEREFORE, it is hereby ORDERED AND ADJUDGED as follows:
1. The Defendant’s Motion to Tax Attorney Fees and Costs is hereby GRANTED.
2. Counsel for the Defendant, Reynolds & Stowell, P.A., and Phil S. Yurecka, Esquire, shall recover from the Plaintiff, PHYSICIANS EXTENDED SERVICES, reasonable attorney fees in the amount of 3668, taxable costs in the amount of 29, and expert witness fees in the amount of 525 together with prejudgment interest in the amount of ___, for which let judgment be entered and execution issue forthwith.
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