12 Fla. L. Weekly Supp. 587b
Attorney’s fees — Insurance — Personal injury protection — Proposal for settlement — Attorney’s fees and costs are awarded to prevailing insurer whose valid proposal for settlement was rejected by medical provider
TOTAL REHAB AND MEDICAL CENTERS, INC. (as assignee of Liliana Londono), Plaintiff, v. PROGRESSIVE EXPRESS INSURANCE COMPANY, Defendant. County Court, 17th Judicial Circuit in and for Broward County, Civil Division. Case No. 00-18633 COCE 54. March 11, 2005. Lisa Trachman, Judge. Counsel: Robert E. O’Connell, Robert E. O’Connell, P.A., Boca Raton, for Plaintiff. Kendrick J. Blackwell, Adams, Blackwell & Diaco, P.A., Tampa, for Defendant.
FINAL JUDGMENT AWARDING FEES AND COSTS TO DEFENDANT
THIS CAUSE having come before the Court on Defendant’s Motion to Enforce Proposal/Offer for Settlement on February 11, 2005, and the Court having heard argument of counsel, having heard testimony from Defendant’s Fee Expert, having heard testimony from both Plaintiff and Defense counsel, having examined the Court file and being otherwise fully advised in the premises, the Court makes the following findings of fact:
1. The Plaintiff, TOTAL REHAB AND MEDICAL CENTERS, INC. (as assignee of Liliana Londono) filed a PIP suit against the Defendant, PROGRESSIVE EXPRESS INSURANCE COMPANY, for unpaid bills.
2. Defendant prevailed at the Trial of the case and also prevailed on appeal. [10 Fla. L. Weekly Supp. 59b; 12 Fla. L. Weekly Supp. 216a]
3. Defendant, through counsel, served a valid and enforceable Proposal/Offer for Settlement upon Plaintiff and Plaintiff rejected said Proposal/Offer for Settlement.
4. Thus, Defendant is entitled to costs and fees pursuant to applicable Florida law.
5. The Court has considered all of the factors or criteria set forth in Fla. Patient’s Compensation Fund v. Rowe, 472 So.2d 1145 (Fla. 1985).
6. Defendant’s counsel, Kendrick J. Blackwell and Joseph F. Diaco, Jr. of the law firm of Adams, Blackwell & Diaco, P.A., reasonably expended 94.6 hours in representing the Defendant in this cause from the time the Proposal/Offer for Settlement was served upon Plaintiff.
7. A reasonable hourly rate to be paid by the Plaintiff to Defendant’s counsel is $100.00 per hour for attorney time.
8. Based upon this Court’s determination, the total attorney’s fee that the Defendant’s attorneys are entitled to recover from the Plaintiff for the services of its attorneys, before this Court is $9,460.00.
9. Defendant’s counsel incurred reasonable costs in the amount of $3,000.83 during their representation of the Defendant in this case.
WHEREFORE IT IS HEREBY ORDERED AND ADJUDGED:
1. Defendant, PROGRESSIVE EXPRESS INSURANCE COMPANY, 3600 W. Commercial Blvd., Suite 100, Lauderdale Lakes, Florida 33309, does have and recovers from the Plaintiff, TOTAL REHAB AND MEDICAL CENTERS, INC. (as assignee of Liliana London), a Florida corporation with an address of 5409 North State Road 7, Tamarac, Florida 33319, a reasonable attorney’s fee in the amount of $9,460.00 and costs in the amount of $3,000.83 for a total sum of $12,460.83 which judgment shall bear interest at the rate of 6% per annum from the date this Judgment is entered until payment in full of the Judgment for which let execution immediately issue.
* * *
