14 Fla. L. Weekly Supp. 1149a
Attorney’s fees — Insurance — Personal injury protection — Amount
SHYJUANSKII D. HUNTER, Plaintiff, vs. WINDHAVEN INSURANCE COMPANY, A Florida Corporation, Defendant. County Court, 13th Judicial Circuit in and for Hillsborough County, Small Claims Division. Case No. 06-33042 SC, Division J. October 3, 2007. Gaston J. Fernandez, Judge. Counsel: Philip A. Friedman, Bonifield, Friedman, & Leifer, P.A., Tampa, for Plaintiff. Kristan Smith Coad, Conroy, Simberg, et al., Tampa, for Defendant.
FINAL JUDGMENT AWARDING ATTORNEY’S FEES AND COSTS TO PLAINTIFF
THIS MATTER, having come before the Court on Plaintiff’s Motion for Attorney’s Fees and Costs. Present for the Plaintiff were Philip A. Friedman, Esquire and Defendant, Kristan Coad, Esquire. As experts, Anthony Parrino, Esquire on behalf of the Defendant and Bradley Souders, Esquire on behalf of the Plaintiff. After presiding over an evidentiary hearing, reviewing the Court file, transcripts, documentation from the parties, and expert testimony, legal authorities, and otherwise being fully advised, the Court’s findings are set forth below:
BACKGROUND
Plaintiff filed this case on or about December 1, 2006 to recover PIP disability benefits for wage loss as the result of a motor vehicle accident on or about September 22, 2006 where the Plaintiff was a passenger in a motor vehicle insured by the Defendant, Windhaven Insurance Company. The Defendant made an appearance, and the Plaintiff moved to set this matter for trial and issued discovery in February of 2007.
The Defendant confessed judgment in late February, 2007. The Plaintiff moved to tax attorney’s fees, costs and interest on or about March 30, 2007.
This Court acknowledged the Plaintiff’s claim for entitlement to attorney’s fees and costs on May 23, 2007.
The Parties stipulated to reasonable attorney hours, of 26 hours, taxable costs of $270.00, and to the qualifications and rates of their respective experts, Mr. Souders and Mr. Parrino.
The Court was left to determine the reasonable hourly rate for Plaintiff’s Counsel, Philip Friedman, paralegal Sherrie Shinn, reasonable hours for paralegal, Sherrie Shinn, consideration for application of a multiplier and awarding of expert fees and interest.
The Florida Supreme Court has adopted the tests set forth in Rule 4.1-5, rules regulating the Florida Bar, which enumerates factors for determining appropriate attorney’s fees. See Standard Guarantee Ins. Co. v. Quanstrom, 555 So.2d 828, 830 (Fla. 1990) and Florida Patients Compensation Fund v. Rowe, 472 So.2d 1145 (Fla. 1985). Having reviewed these cases, and after testimony of the experts, the Court hereby makes the following findings and otherwise
ORDERS AND ADJUDICATES:
1. The reasonable hourly rate for the legal services of attorney Philip A. Friedman is $275.00/hour.
2. The reasonable hourly rate for paralegal services of Sherrie Shinn is $85.00/hour.
3. The application of a multiplier is not warranted in this action.
4. The reasonable number of paralegal hours expended by Sherrie Shinn for which Plaintiff is entitled to compensate is 3.6 hours.
5. With the above stipulations, this figure is $7,726.00.
6. Plaintiff’s expert Bradley Souders, Esq. has reasonably expended 2.5 hours and shall be compensated $875.00.
7. Pre-judgment interest from May 23, 2007 through September 24, 2007 at 11% is $284.04.
8. Final Judgment for attorney’s fees and costs shall be in favor of the Plaintiff in the amount of $8,885.04, which shall accrue interest at 11% per annum, for which let execution issue.
