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TONY SAYEGH, Plaintiff, v. PROGRESSIVE EXPRESS INSURANCE COMPANY, Defendant.

12 Fla. L. Weekly Supp. 236a

Attorney’s fees — Insurance — Prevailing insurer is awarded attorney’s fees for handling of case from time of service of proposal for settlement

TONY SAYEGH, Plaintiff, v. PROGRESSIVE EXPRESS INSURANCE COMPANY, Defendant. County Court, 9th Judicial Circuit in and for Orange County. Case No. CCO 01-6642. December 16, 2004. Leon B. Cheek, III, Judge. Counsel: Robert D. Adams and George Milev, Adams, Blackwell & Diaco, P.A., Tampa, for Defendant.

FINAL JUDGMENT ON ATTORNEYS’ FEES

This cause came on to be heard before this Court on December 10, 2004 on Defendant’s Motion to Set Amount of Reasonable Attorney’s Fees and the Court having reviewed the pleadings, the Motion and sworn Affidavits of Time of George Milev, Esquire and Robert D. Adams, Esquire and testimony by Defendant’s Fee Expert, Julie Warbroel-Pardy, pursuant to §768.79, Fla. Stat., and Rule 1.442, Fl.R.C.P., and having been otherwise duly advised in the premises, the Court concludes as follows:

1. Defendant’s counsel, Robert D. Adams, Esquire, reasonably expended 70 hours in the handling of this case from the time of service of Defendant’s Proposal for Settlement.

2. Defendant’s counsel, George Milev, Esquire, reasonably expended 62 hours in the handling of this case from the time of service of Defendant’s Proposal for Settlement.

3. A reasonable hourly rate for the services of Defendant’s counsel, Robert D. Adams, Esquire, is $250.00 per hour based upon his education, training and level of experience in the field of civil litigation.

4. A reasonable hourly rate for the services of Defendant’s counsel, George Milev, Esquire, is $200.00 per hour based upon his education, training and level of experience in the field of civil litigation.

5. The Court concludes that a lodestar amount of $29,900 results by virtue of the multiplication of time reasonably and actually expended by Defendant’s counsel by the reasonable hourly rate as determined by the Court.

6. In determining a reasonable fee, the Court has considered the criteria set forth in Florida Patient’s Compensation Fund v. Rowe, 472 So. 2d 1145 (Fla. 1985); Standard Guarantee Ins. Co. v. Quanstrom, 555 So. 2d 828 (Fla. 1990); Bell v. U.S.B. Acquisition Co., Inc., 734 So. 2d 403 (Fla. 1999); and Rule 4-1.5, The Florida Bar Rules of Professional Conduct.

WHEREFORE, it is hereby ORDERED, ADJUDGED AND DECREED as follows:

The Court enters a Final Judgment against Plaintiff, TONY SAYEGH, 2038 Paprika Drive, Orlando, FL 32837 as follows:

$17,500 for reasonable attorney’s fees to Robert D. Adams, Esquire,

$12,400 for reasonable attorney’s fees to George Milev, Esquire, and thus

$29,900 TOTAL AMOUNT OF FINAL JUDGMENT

The Final Judgment herein shall bear interest as set by §55.03, Fla. Stat. (2004), for which let execution issue.

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