16 Fla. L. Weekly Supp. 963c
Online Reference: FLWSUPP 1610RAMI
Insurance — Personal injury protection — Attorney’s fees — Amount — Contingency risk multiplier is not applicable where medical provider failed to present sufficient evidence that it had difficulty obtaining competent counsel, and there was ongoing attorney-client relationship between provider and counsel — Costs, expert witness fees, and interest awarded
AMERICAN SUPPLY & EQUIPMENT CORP., a/a/o Nicole Ramirez, Plaintiff, vs. UNITED AUTOMOBILE INSURANCE COMPANY, Defendant. County Court, 13th Judicial Circuit in and for Hillsborough County. Case No. 06-CC-030146, Division L. July 29, 2009. Joelle Ann Ober, Judge. Counsel: Roberto A. Alayon, Roberto R. Alayon, P.A., Tampa, for Plaintiff. Michael C. Clarke, Kubicki Draper, P.A., Tampa. Xavier J. Jackman, Luks, Santaniello, Perez, Petrillo, Gold & Jones, Tampa.
ORDER GRANTING PLAINTIFF’S MOTION FOR ATTORNEY’S FEES AND COSTS
THIS CAUSE came on to be heard on the 16th day of July, 2009, on Plaintiff’s Motion for Attorney’s Fees and Costs, and after reviewing the file, the exhibits, hearing all testimony and arguments of counsel, and reviewing applicable law, the Court finds as follows:
1. Plaintiff’s attorney, Roberto R. Alayon, shall be paid the hourly rate of $300.00.
2. Plaintiff’s attorney’s fees total 125 hours, which when multiplied by $300.00 per hour, totals $37,500.00, to which the law firm of Roberto R. Alayon, P.A., is entitled to receive for attorney’s fees associated with this cause of action.
3. The parties have stipulated to costs which total $851.00.
4. Plaintiff’s expert witness, Timothy A. Patrick, shall be awarded three (3) hours at a rate of $300.00 per hour for a total of $900.00 for expert witness fees.
5. The date which Defendant confessed judgment has been agreed to by the parties as being December 16, 2008. Further, interest is to be computed at 8%.
6. Eight (8) percent of $37,500.00 totals $3,000.00 per year, or $8.22 per day.
7. From December 16, 2008, through July 16, 2009, 211 days have lapsed; as such, as of the date of this hearing, interest in the amount of $1,734.42 is owed to Plaintiff (211 days multiplied by $8.22 per day) and continues to accrue on a daily rate of $8.22 until the time that Defendant satisfies the award of Plaintiff’s attorney’s fees and costs.
8. The Court finds that a multiplier is not applicable in this case as the Plaintiff has failed to present sufficient evidence that it had difficulty obtaining competent counsel, that there is insufficient evidence that Ireno Luis’ criminal charges or convictions were related to the pending matter or caused difficulty in obtaining counsel, and that, upon judicial notice of the facts as taken, an ongoing attorney-client relationship existed between the Plaintiff, Roberto R. Alayon, and other counsel at all times pertinent to the claim of a multiplier.
WHEREFORE, final judgment is entered against Defendant, UNITED AUTOMOBILE INSURANCE COMPANY, in favor of Plaintiff as follows: $37,500.00 for attorney’s fees; $851.00 for costs; $900.00 for expert witness fees to Timothy A. Patrick; thereby totaling $39,251.00; and interest which will accrue at 8% or $8.22 per day beginning on December 16, 2008, through the time that said draft is issued, for all of which let execution issue.
