13 Fla. L. Weekly Supp. 357a
Attorney’s fees — Insurance — Personal injury protection — Contingency risk multiplier — Where insured’s counsel undertook representation pursuant to contingency fee agreement, and insured’s chances of success at outset of case were approximately even, contingency risk multiplier of 1.5 is appropriate — Costs, expert witness fees and prejudgment interest awarded
LHAUNER PHILIPPE, Plaintiff, vs. PROGRESSIVE EXPRESS INSURANCE COMPANY, Defendant. County Court, 9th Judicial Circuit in and for Orange County, Small Claims Court. Case No. SCO 03-12836. June 27, 2005. Leon B. Cheek, III, Judge. Counsel: Todd E. Copeland, Orlando. George Milev, Orlando.
REVERSED at 14 Fla. L. Weekly Supp. 740a
FINAL JUDGMENT AWARDING ATTORNEY’SFEES AND COSTS
THIS CAUSE came on to be heard on the Plaintiff’s Motion to Tax Attorney’s Fees and Costs, and the Court heard argument and examining the Court file and the Plaintiff’s file, the Court makes the following findings of fact:
1. a.) Plaintiff’s counsel, Todd E. Copeland, Esquire, reasonably expended 24.9 hours in representing the Plaintiff in this cause.
b.) Plaintiff’s counsel, Robert Anderson, Esquire, reasonably expended 0 hours in representing the Plaintiff in this cause.
2. a.) A reasonable hourly rate to be paid by the Defendant to Plaintiff’s counsel, Todd E. Copeland, Esquire, is $335.00 per hour for attorney time.
b.) A reasonable hourly rate to be paid by the Defendant to Plaintiff’s counsel, Robert Anderson, Esquire, is $0 per hour for attorney time.
3. The Court finds that Plaintiff’s counsel undertook the representation of the Plaintiff pursuant to a contingency fee agreement as defined in State Farm Ins. Co. v. Palma, 555 So. 2d 836 (Fla. 1993).
4. The Court has considered all of the factors or criteria set forth in Florida Patient’s Compensation Fund v. Rowe, 472 So. 2d 1145 (Fla. 1985), as well as Standard Guaranty Ins. Co. v. Quanstrom, 555 So. 2d 818 (Fla. 1990).
5. Taking into consideration the evidence, 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 (x 2.0-2.5)
X approximately even (x 1.5-2.0)
more likely than not (x 1.0-1.5)
Accordingly, a contingency risk multiplier of 1.5 is appropriate and applicable.
6. Based upon this Court’s determination, the total attorney’s fees that the Plaintiff is entitled to recover from the Defendant for the services as attorney before this Court is $12,512.25.
7. Plaintiff’s counsel, Todd E. Copeland, incurred reasonable costs in the amount of $214.00 during his representation of the Plaintiff in this case.
8. The Plaintiff is entitled to recover the expert witness fees of attorney Kevin Weiss, Esquire based upon the holding and reasoning contained in the cases Stokus v. Phillips, 651 So. 2d 1244 (Fla. 2d DCA 1995), Straus v. Morton F. Plant Hospital, 478 So. 2d 472 (Fla. 2d DCA 1985), and Travieso v. Travieso, 474 So. 2d 118 (Fla. 1985), and that 5 is a reasonable number of hours to have been expended by Kevin Weiss, Esquire in reviewing the Plaintiff’s file, preparing for the attorney fee hearing and testifying at that hearing. The Court further finds that $350.00 per hour is a reasonable hourly rate for the services of Kevin Weiss, Esquire.
9. Prejudgment interest is due to Plaintiff’s counsel on the attorney fee from 10/29/04 until the entry of this final judgment pursuant to Quality Engineering, Inc. v. Higley South, Inc., 670 So. 2d 929.
WHEREFORE, it is hereby ORDERED AND ADJUDGED:
1. The Plaintiff’s Motion to Tax Attorney’s Fees and Costs is hereby GRANTED.
2. Plaintiff’s counsel, Todd E. Copeland, for and to the benefit of the Plaintiff, LHAUNER PHILIPPE whose address is 1927 Dunwoodie Street, Orlando, Florida 32839, does have and recovers from the Defendant, PROGRESSIVE EXPRESS INSURANCE COMPANY, with an address of 1030 W. Canton Avenue, Ste. 100, Winter Park Florida 32789 a reasonable attorney’s fee in the amount of $12,512.25 and costs in the amount of $214.00, and the expert witness fee of Kevin Weiss, Esquire in the amount of $1,750.00, for a total sum of $14,476.25, which judgment shall bear interest at the rate of 7% per annum from 10/29/04 until payment in full of the judgment for which let execution issue.
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