12 Fla. L. Weekly Supp. 181a
Attorney’s fees — Insurance — Personal injury protection — Contingency risk multiplier of 1.5 is awarded where chances of success were approximately even at outset — Expert witness fee, costs, and prejudgment interest awarded
REYNOLDS WELLNESS AND LONGEVITY CENTER, as assignee of CAROLYN MARSHALL Plaintiff, vs. NATIONWIDE MUTUAL FIRE INSURANCE COMPANY, a corporation authorized and doing business in the State of Florida, Defendant. County Court, 18th Judicial Circuit in and for Seminole County. Case No. 03-SC-3748. October 6, 2004. Carmine M. Bravo, Judge. Counsel: Kevin B. Weiss, Weiss Legal Group, P.A., Maitland, for Plaintiff. Lisa Bernardini, Law Offices of Capito & Polk, Lake Mary, for Defendant.
FINAL JUDGMENT AWARDING ATTORNEY’S FEES AND COSTS
THIS CAUSE came onto 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 16.15 hours in representing the Plaintiff in this cause.
2. That Plaintiff’s counsel, Roy J. Smith, IV, Esquire, reasonably expended .6 hours in representing the Plaintiff in this cause.
3. That a reasonable hourly rate to be paid by the Defendant to Plaintiff’s counsel, Kevin B. Weiss, Esquire, is $325.00 per hour.
4. That a reasonable hourly rate to be paid by the Defendant to Plaintiff’s counsel, Roy J. Smith, IV, Esquire, is $275.00 per hour.
5. That the Court finds that Plaintiff’s attorneys undertook the representation of the Plaintiff pursuant to a pure contingency fee agreement as defined in State Farm v. Palma, 555 So.2d 836.
6. 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.
7. That taking into consideration the evidence provided by the attorneys and the expert at the fee hearing, 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 (x2.0-2.5)
X approximately even (x1.5-2.0)
___ more likely than not (x 1.0-1.5)
This multiplier is awarded based upon the facts and arguments presented to the Court at the hearing.
Accordingly, a contingency risk multiplier of 1.5 is appropriate and applicable.
8. 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 its attorneys before this Court is $8,120.62.
9. That the Court considered the testimony of Plaintiff’s expert fee witness, Brian Coury, Esq., and determines that a reasonable hourly rate for his services is $350.00 per hour for 3.5 hours. Accordingly, Plaintiff is entitled to an expert witness cost award in the total amount of $1,225.00. Mangel v. Bob Dance Dodge, Inc. (5th DCA 9-10-99) [24 Fla. L. Weekly D2106]; Straus v. Morton, 478 So.2d 472.
10. That in addition to the above expert witness fees, Plaintiff’s counsel, Kevin B. Weiss, incurred reasonable costs in the amount of $99.50 during the representation of the Plaintiff in this case.
11. That prejudgment interest at 7% per annum is due to Plaintiff’s counsel on the attorneys’ fee and costs from May 12, 2004 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 $211.24.
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, Nationwide Mutual Fire Insurance Company, a reasonable attorney’s fee in the amount of $8,120.62 and costs in the amount of $1,324.50 for a total sum of $9,445.12, together with prejudgment interest in the amount of $211.24 for a total amount of $9,656.36, for which let execution issue forthwith.
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