13 Fla. L. Weekly Supp. 824a
Attorney’s fees — Insurance — Personal injury protection — Amount — Hourly rate — Where insurer failed to specify greater hourly rate sought at hearing as sanction under rule 1.442 in court-ordered detailed breakdown of amount of fees sought, court awards lower hourly rate
KEVIN L. PAYTON, Plaintiff, vs. PROGRESSIVE EXPRESS INSURANCE COMPANY, Defendant. County Court, 17th Judicial Circuit, in and for Broward County. Case No. 04-15453 COCE 53. June 7, 2006. Robert W. Lee, Judge. Counsel: Domingo Gonzalez, Hialeah, for Plaintiff. David Hwalek, Plantation, for Defendant.
FINAL JUDGMENT TAXING ATTORNEYS’ FEES AND COSTS IN FAVOR OF DEFENDANT
This cause came before the Court on June 6, 2006 for hearing of the Defendant’s Motion for Attorneys’ Fees and Costs, and the Court’s having received evidence, made findings of credibility consistent with this judgment, heard argument, and reviewed the relevant legal authorities, finds as follows:
IT IS ADJUDGED THAT:
The Defendant shall recover from the Plaintiff the sum of $6840.50 for attorney’s fees and $1683.15 in costs. The Defendant is also awarded an expert witness fee in the amount of $1525.00. Therefore, the total amount awarded to Defendant is the sum of $10,048.65. The Court finds that the fee award of $6840.50 to be broken down as 11.4 attorney hours reasonably expended at an hourly rate of $100.00 reasonably charged; 46.3 attorney hours reasonably expended at an hourly rate of $120.00 reasonably charged; and 1.7 paralegal hours reasonably expended at an hourly rate of $85.00 reasonably charged. As a result, the Defendant shall recover from the Plaintiff the sum of $10,048.65, which shall bear interest from the April 20, 2006, the date entitlement was determined, at the rate of 9% per annum until paid, for which sums let execution issue.
The Court has considered the Defendant’s argument that it is entitled to a greater reasonable hourly rate because the fees awarded are in the nature of a sanction under Florida Rule of Civil Procedure 1.442. While this argument is supported by the cases of Broward Marine, Inc. v. DeLong, 902 So.2d 855 (Fla. 4th DCA 2005) and Hatcher v. Roberts, 538 So.2d 1300 (Fla. 1st DCA 1989), the Defendant failed to specify the greater hourly rate in its Notice of Filing dated May 5, 2006. This Court’s Order of April 20, 2006 required the Defendant to provide the Plaintiff “a detailed breakdown of fees sought in the form of [. . .] amount of fees sought.” The Defendant did not request the higher fee in the breakdown, but rather the lower hourly rate awarded in this judgment. The Court will not allow the Defendant to seek at the fee hearing an hourly rate more than it specified in its Notice of Filing.
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