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CARE THERAPY & DIAGNOSTICS, INC., (as Assignee of Emanuel Hernandez), Plaintiff, vs. BRISTOL WEST INSURANCE COMPANY, Defendant.

13 Fla. L. Weekly Supp. 624a

Attorney’s fees — Insurance — Personal injury protection — Final judgment awarding attorney’s fees, including 1.5 contingency risk multiplier, and costs

CARE THERAPY & DIAGNOSTICS, INC., (as Assignee of Emanuel Hernandez), Plaintiff, vs. BRISTOL WEST INSURANCE COMPANY, Defendant. County Court, 13th Judicial Circuit in and for Hillsborough County, Small Claims Division. Case No. 02-13616-SC, Division “I”. March 24, 2006. Charlotte W. Anderson, Judge. Counsel: Timothy Patrick, Timothy A. Patrick, P.A., Tampa. Kevin J. Fitzsimmons, Tampa.

FINAL JUDGMENT ON FEES AND COSTS

THIS CAUSE, having come before the Court on the Plaintiff’s Motion for Attorneys Fees and Costs, and the Court, having heard arguments of counsel, having reviewed the Court file, and pursuant to stipulations of the parties, the Court being fully advised in the premises, it is hereby ORDERED AND ADJUDGED that:

1. As to Timothy Patrick, P.A. the Court finds the following are reasonable:

a) 490 hours;

b) the rate of $250.00 per hour;

c) based upon the appropriate contingency fee risk multiplier factors, the Plaintiff’s contingency fee agreement, etc., that the Court finds 1.5 contingency risk multiplier is appropriate and applicable;

d) that based upon the above, the total attorneys fees that Plaintiff is entitled to recover is $183,750.00;

2. As to taxable costs, the Court finds costs recoverable in the amount of four thousand ninety-six dollars and forty-four cents ($4,096.44).

Final Judgment is hereby entered against the Defendant, SECURITY NATIONAL INSURANCE COMPANY, in the amount of $187,846.44, that shall bear interest at the rate prescribed in F.S. §53.03, for which let execution issue.

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