14 Fla. L. Weekly Supp. 1164c

Attorney’s fees — Insurance — Personal injury protection — Fees, costs, and prejudgment interest are awarded — Expert witness is not entitled to compensation — Objection to fees sought by second attorney, who did not appear at fee hearing, is sustained

Affirmed in part, reversed in part at FLWSUPP 165SMITH

FLORIDA EMERGENCY PHYSICIANS KANG & ASSOCIATES MD, PA as assignee of DARYL SMITH, Plaintiff, vs. PROGRESSIVE CASUALTY INSURANCE COMPANY, Defendant. County Court, 18th Judicial Circuit in and for Seminole County. Case No. 04-SC-4262. September 17, 2007. Donald L. Marblestone, Judge. Counsel: George Milev, Adams & Diaco, P.A., Tampa. Michael A. Mills, for Plaintiff.

FINAL JUDGMENT AWARDING ATTORNEYS’ FEES AND COSTS

THIS CAUSE having come before this Court on August 23, 2007, upon the Plaintiff’s Motion to Tax Attorneys’ Fees and Costs pursuant to Section 627.428, Florida Statutes, and this Court having heard testimony, arguments of counsels, examined the Court file, and otherwise being advised in the premises, the Court makes the following findings:

1. This case involved a claim for PIP benefits arising out of an automobile accident of 7/29/2004. The insured, Daryl Smith, was alleged to have sustained injuries arising out of the accident and sought treatment from the Plaintiff, FLORIDA EMERGENCY PHYSICIANS KANG & ASSOCIATES, M.D., P.A., as assignee of Daryl Smith. The insured assigned his PIP insurance benefits to the Plaintiff. The Plaintiff billed the Defendant, PROGRESSIVE AUTO PRO INSURANCE COMPANY, for medical treatment rendered. The Defendant did not pay the bill. Thereafter, Plaintiff filed this suit alleging that the Defendant failed to properly pay said bill, seeking to recover the amounts due, together with interest and failed to provide requested documentation. Following the filing of suit, substantial discovery, and Summary Judgment in which the Court determined that Plaintiff was entitled to the requested documents and attorneys’ fees and costs.

2. The Court has based its decision on and applied the factors contained in Standard Guaranty Ins. Co. v. Quanstrom, 555 So. 2d 828 (Fla. 1990); Florida Patient’s Compensation Fund v. Rowe, 472 So. 2d 1145 (Fla. 1985); and Bell v. U.S.B. Acquisition Company, Inc., 734 So. 2d 403 (Fla. 1999).

3. NUMBER OF HOURS. The Court finds that the Plaintiff’s counsel, Michael A. Mills, Esquire, reasonably expended 20.6 hours in representing the Plaintiff in this cause.

4. HOURLY RATE. The Court finds a reasonable hourly rate for Michael A. Mills in this case is $300.

5. CONTINGENCY RISK FACTOR. The Plaintiff stated at the fee hearing that they were not seeking a contingency fee multiplier.

6. Based upon this Court’s determination, the total attorneys’ fees that the Plaintiff is entitled to recover from the Defendant for the services of its attorney, Michael A. Mills, before this Court is 20.6hours x $300 (hourly rate), for a total of $6,180. The Defendant has objected to the billable time of Christopher Reed, who, at the time, was an attorney for the law firm of Rutledge M. Bradford, P.A. The Court sustains the objection because Mr. Reed was not present at the fee hearing.

7. The Court finds that the Plaintiff’s counsel, Michael A. Mills, incurred reasonable costs in the amount of $353.70 during his representation of the Plaintiff in this case.

8. That pre-judgment interest is due to Plaintiff’s counsel on the attorneys’ fees and costs from 10/31/06, (the date of settlement of the underlying claim) until the entry of this Final Judgment. Quality Engineered Installation, Inc. v. Higley South, Inc., 670 So. 2d 929 (Fla. 1966); and Boulis v. Florida Department of Transportation, 733 So. 2d 959 (Fla. 1999).

9. Plaintiff’s expert witness on attorneys’ fees, Kevin Weiss, Esquire, is not entitled to be compensated for the time expended in preparing to testify and testifying in this case. See Seminole Co. v. Chandrinos, 816 So. 2d 1241 (Fla. 5th DCA 2002); and Seminole Co. v. Boyle, 719 So. 2d 1004 (Fla. 5th DCA 1998).

WHEREFORE, it is hereby ORDERED AND ADJUDGED:

1. That Plaintiff’s Motion to Tax Attorneys’ Fees and Costs of Michael A. Mills, Esquire is hereby GRANTED.

2. Plaintiff shall take from Defendant the TOTAL SUM shown below as attorneys’ fees and costs for prosecution of this claim for which let execution issue forthwith:

Attorneys’ Fees $6,180.00

Costs $353.70

Interest on Attorneys’ Fees $489.15

Expert Witness Fees $0

TOTAL SUM* $7,022.85

*Post-judgment interest of nine percent (9%) per annum shall be due on this judgment pursuant to F.S. §55.03.