16 Fla. L. Weekly Supp. 1198b
Online Reference: FLWSUPP 1612SAWR
Insurance — Attorney’s fees — Appellate — Amount — Attorney’s fees, expert witness fees and prejudgment interest awarded
BETASHA SAWRY, Plaintiff, vs. AFFIRMATIVE INSURANCE COMPANY, Defendant. County Court, 17th Judicial Circuit in and for Broward County. Case No. 05-4341 CONO (70). October 6, 2008. Steven P. Deluca, Judge. Counsel: Andrew J. Weinstein, Weinstein & Associates, P.A., Coral Gables and Kevin B. Weiss, Maitland, for Plaintiff. Maitland. Thomas A. Paigo, Rubinton & Laufer, LLC, Davie.
FINAL JUDGMENT AWARDING ATTORNEY’S FEES AND COSTS AGAINST AFFIRMATIVE INSURANCE COMPANY
THIS CAUSE came on to be heard on the Plaintiff’s Motion to Tax Attorney’s Fees and Costs of Kevin B. Weiss, and the Court, having reviewed the court file, heard argument and considered the evidence, finds the following:
1. That pursuant to the “Order Granting Respondent’s Motion to Tax Appellate Attorney Fees and Costs” dated July 7, 2008, and issued by the circuit appellate court, Mr. Weiss is entitled to reasonable attorney’s fees and costs for his work associated with the appeal of this case.
2. That Mr. Weiss reasonably expended 31.4 hours in representing the Plaintiff on appeal in this cause.
3. That a reasonable hourly rate to be paid by the Defendant to Plaintiff’s counsel, Kevin B. Weiss, is $400 per hour.
4. That based upon this Court’s determination, the total attorney’s fees that the Plaintiff is entitled to recover from the Defendant is $12,560.
5. That Plaintiff’s counsel, Kevin B. Weiss, incurred reasonable costs in the amount of $0 during his representation of the Plaintiff in this case.
6. Plaintiff’s expert witness, Craig Blinderman, Esq., is entitled to be compensated for the time he expended in preparing to testify and testifying in this case. Mr. Blinderman expended 4 hours in this case, and a reasonable hourly rate for Mr. Blinderman is $400 per hour. See, Stokus v. Phillips, 651 So.2d 1244 (Fla. 2d DCA 1995).
7. That prejudgment interest at N/A% per annum is due to Plaintiff’s counsel on the attorney fee and costs from N/A until the entry of this final judgment pursuant to Quality Engineering, Inc. v. Higley South, Inc., 670 So.2d 929. Thus, the total amount of prejudgment interest due is $N/A.
WHEREFORE, it is hereby ORDERED AND ADJUDGED:
1. That Plaintiff’s Motion to Tax Attorney’s Fees and Costs of Kevin B. Weiss is hereby GRANTED
2. That Plaintiff’s counsel, Kevin B. Weiss, Andrew Weinstein and expert Craig Blinderman, does have and recovers from the Defendant, Affirmative Insurance Company., a reasonable attorney’s fee and expert fee in the amount of $14,910 and costs in the amount of $0 for a total sum of $14,910, together with prejudgment interest in the amount of $ N/A for which let execution issue forthwith.
Plaintiff’s Counsel, Andrew Weinstein, is entitled to $750 for his representation of the Plaintiff solely regarding the appeal, $375 hourly rate at 2 hours.
