14 Fla. L. Weekly Supp. 1062a
Insurance — Personal injury protection — Attorney’s fees — Arbitration — By stipulation, binding arbitration is set on issue of contingency risk multiplier and costs
NADAL MEDICAL CENTER, INC., (As Assignee of Marie Joseph), Plaintiff, vs. DAIRYLAND INSURANCE COMPANY, Defendant. County Court, 13th Judicial Circuit in and for Hillsborough County, Small Claims Division. Case No. 06-016512, Division L. August 29, 2007. Joelle Ann Ober, Judge. Counsel: Timothy A. Patrick, Nicholas, Lipscomb & Patrick, P.A., Tampa, for Plaintiff. James Bogos, for Defendant.
ORDER GRANTING PARTIES’ JOINT STIPULATION TO SET BINDING ARBITRATION WITH REGARDS TO THE OUTSTANDING ISSUE OF AWARD OF ATTORNEY’S FEES AND COSTS
THIS CAUSE, having come before the Court on the parties’ Joint Stipulation to Set Binding Arbitration with Regards to the Outstanding Issue of Award of Attorney’s Fees and Costs, the Court having reviewed the Joint Stipulation and otherwise being fully advised in the premises it is thereupon:
ORDERED AND ADJUDGED as follows:
1. The parties shall schedule a Binding Arbitration with an Arbitrator which shall be agreed upon by both parties.
2. The issues to be determined at Arbitration are the contingency risk multiplier and taxable costs.
3. The parties shall be allowed the use of expert testimony in the form of affidavits and that the Plaintiff’s testimony shall be presented via deposition transcript.
4. The reasonable number of hours in this matter for Attorney Timothy A. Patrick are 66.7 hours at the rate of $325.00 per hour.
5. The reasonable number of hours in this matter for Attorneys David W. Lipscomb and Joseph Nicholas are 12.5 hours at the rate of $250.00 per hour.
6. Said fee for Arbitration shall be split between the parties.
