15 Fla. L. Weekly Supp. 171a
Attorney’s fees — Insurance — Personal injury protection — Amount
A TO Z MEDICAL CENTER, INC. as assignee of Ulrick Philogene, Plaintiff, vs. NATIONAL SPECIALTY INSURANCE COMPANY, Defendant. County Court, 9th Judicial Circuit in and for Orange County. Case No. 05-SC-12224. October 31, 2007. Deb Blechman, Judge. Counsel: Richard Oliver Hale, IV, Orlando, for Plaintiff. James Dye, Conroy, Simberg, Ganon, Krevans & Abel, P.A., Orlando.
FINAL JUDGMENT AWARDING ATTORNEYS’ FEES AND COSTS
THIS CAUSE came to be heard on October 30, 2007, upon the Plaintiff’s Motion to Tax Attorneys’ Fees and Costs Pursuant to Section 627.428, Florida Statutes, and the Court having heard testimony, argument and examined the Court file, the Court makes the following findings:
1. This case involved a claim for PIP benefits arising out of an automobile accident of 09/04/2005. The insured, Ulrick Philogene, was alleged to have sustained injuries arising out of the accident, and sought treatment from the Plaintiff, A TO Z MEDICAL CENTER, INC. The insured assigned his PIP insurance benefits to the Plaintiff. The Plaintiff billed the Defendant, NATIONAL SPECIALTY INSURANCE COMPANY, for medical treatment rendered. The Defendant did not pay the bill, denying coverage for numerous reasons, including, but not limited to, failure to establish coverage for the accident, and treatment rendered not being reasonable, related or necessary as a result of the accident. Thereafter, Plaintiff filed this suit alleging that the Defendant improperly denied its medical billings, seeking to recover the amounts due, together with interest. Following the filing of suit and substantial discovery, the Defendant paid the benefits due. The Defendant then stipulated that the Plaintiff is entitled to the award of its reasonable 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, Richard Oliver Hale, IV, Esquire, reasonably expended 42.55 hours in representing the Plaintiff; in this cause.
4. HOURLY RATE: The parties agree that a reasonable hourly rate for Richard Oliver Hale, IV is $300.00 an hour. *Upon stipulation. This does not constitute precedent by this judge.
5. Plaintiff’s expert witness on attorneys’ fees, Kevin B. Weiss, Esquire, is entitled to be compensated for the time expended in preparing to testify and testifying in this case. Mr. Weiss reasonably expended 5 hours in this case, and, the parties agree that a reasonable hourly rate for Mr. Weiss is $375.00 per hour, for a total expert fee of $1,875.00. *By stipulation/not precedent. See Travieso v. Travieso, 474 So.2d 1184 (Fla. 1985); Stokus v. Phillips, 651 So.2d 1244 (Fla. 2d DCA 1995); and, Mangel v. Bob Dance Dodge, Inc., 739 So.2d 720 (Fla. 5th DCA 1999).
6. The Court finds that the Plaintiff’s counsel, Richard Oliver Hale, IV, incurred reasonable costs in the amount of $650.00 during his representation of the Plaintiff in this case.
7. That prejudgment interest is due to Plaintiff’s counsel on the attorneys’ fees and costs from December 8, 2006, until the entry of this final judgment. Quality Engineered Installation, Inc. v. Higley South, Inc., 670 So.2d 929 (Fla. 1996); and Boulis v. Florida Department of Transportation, 733 So.2d 959 (Fla. 1999).
WHEREFORE, it is hereby ORDERED AND ADJUDGED:
1. That Plaintiff’s Motion to Tax Attorneys’ Fees and Costs of Richard Oliver Hale, IV is hereby GRANTED, for which let execution issue forthwith:
Attorney’s Fees $12,765.00
Costs $650.00
Interest on attorney’s fees $1,287.14
Expert Witness Fee $1,875.00
TOTAL SUM* $16,577.14
*Post-judgment interest shall be due on this judgment pursuant to F.S. Section 55.03.
