16 Fla. L. Weekly Supp. 342b
Online Reference: FLWSUPP 164GARCI
Insurance — Personal injury protection — Attorney’s fees — Amount
A & L MEDICAL IMAGES, INC. (Jose Garcia), Plaintiff, v. UNITED AUTOMOBILE INSURANCE COMPANY, Defendant. County Court, 11th Judicial Circuit in and for Miami-Dade County, Civil Division. Case No. 03-5890 SP 25 (01). December 12, 2008. Andrew S. Hague, Judge. Counsel: Stuart L. Koenigsberg, A Able Advocates; and Robert C. Seitz, for Plaintiff. Daniel Martinez.
FINAL JUDGMENT AWARDING ATTORNEY’S FEES AND COSTS
Plaintiff, A & L MEDICAL IMAGES, INC.’s Motion For Attorney’s Fees and Costs was heard before the Court on December 3, 2008. The Court reviewed evidence as to the legal time expended by Plaintiff’s counsel, Stuart L. Koenigsberg, Esquire and Robert C. Seitz, Esq. The Court also heard testimony from Expert witness, Jonathan Friedland, Esq. for the Plaintiff and Albert Moon, Esquire for the Defendant regarding the issues of hourly rates, reasonable number or hours expended, and taxable costs. After considering the testimony and reviewing the time and cost records, and being duly advised in the premises of said Motion, the Court makes the following findings and legal conclusions:
FINDINGS
1. That A & L MEDICAL IMAGES, INC.’s contract with the Plaintiff’s counsel is a contingent fee agreement.
2. That on May 13, 2008, this Court entered a Final Judgment in favor of the Plaintiff, A & L MEDICAL IMAGES, INC., which, pursuant to §627.428(1) Fla. Stat., entitled Plaintiff’s undersigned attorneys to an award of attorney’s fees from the Defendant UNITED AUTOMOBILE. This Court Specifically reserved jurisdiction to determine the amount of same.
3. That the Court has reviewed the relevant factors in Florida Patient’s Compensation Fund v. Rowe, 472 So.2d 1145 (Fla.1985), and Standard Guaranty Insurance Company v. Quanstrom, 555 So.2d 828 (Fla.1990), in considering the reasonable fee to be awarded to Plaintiff’s counsel.
4. After considering the expert testimony, this Court finds that a reasonable hourly fee for the legal services rendered by Plaintiff’s counsel Robert C. Seitz, Esquire is $325.00 per hour and the reasonable amount of time expended by him in this case is 27.6 hours. This Court therefore finds that $8,970.00 is the reasonable fee for the legal services rendered by Robert C. Seitz, Esquire.
5. After considering the expert testimony, this Court finds that a reasonable hourly fee for the legal services rendered by Plaintiff’s counsel Stuart L. Koenigsberg, Esquire is $425.00 per hour and the reasonable amount of time expended by him in this case is 82.4hours. This Court therefore finds that $35,020.00 is the reasonable fee for the legal services rendered by Stuart L. Koenigsberg, Esquire.
6. After considering the testimony and evidence presented, this Court finds that the Law Office of A Able Advocates — Stuart L. Koenigsberg, P.A. incurred on behalf of the Plaintiff taxable costs in the amount of $2,213.36.
7. After considering the testimony and evidence presented, this Court finds that the reasonable hourly rate for Plaintiff’s expert witness, Jonathan Friedland, Esquire, is $375.00 per hour and the reasonable amount of time expended by him in this action is 5 hours. Accordingly, this court finds that Jonathan Friedland shall be paid $1,875.00 as an expert witness in this case and that it was unduly burdensome for him to prepare for and testify at this hearing.
WHEREUPON, IT IS ORDERED AND ADJUDGED:
1. That UNITED AUTOMOBILE INSURANCE COMPANY shall pay to the Law Offices of A Able Advocates — Stuart L. Koenigsberg, P.A. the sum of $46,203.36 as payment for their attorney’s fees and taxable costs incurred in this case.
2. That UNITED AUTOMOBILE INSURANCE COMPANY shall pay to the Law Offices of A Able Advocates — Stuart L. Koenigsberg, P.A. the amount of $ 2,966.17as prejudgment interest on the award of attorney’s fees from May 13, 2008 through the date of this order at the interest rate of eleven percent [11%] per annum which is calculated at .0003014 per day pursuant to Ch. 55.03 Fla. Stat. (2008). [Total Seitz/Koenigsberg attorney’s fees set forth in paragraph 1 x Number of days from May 13, 2008 to date of Attorney’s Fee Final Judgment x .0003014].
3. That UNITED AUTOMOBILE INSURANCE COMPANY shall pay to the Law Offices of A Able Advocates — Stuart L. Koenigsberg, P.A. the amount of $1,875.00 as expert witness fees for their expert, Stuart L. Koenigsberg, Esq.
4. The total amount of this judgment (paragraphs 1 + 2 + 3) $51,044.53shall accrue interest at the rate of eleven percent [11%] per annum until such sums are fully satisfied, all for which let execution issue.
