16 Fla. L. Weekly Supp. 1102a
Online Reference: FLWSUPP 1611 JOHN
Insurance — Personal injury protection — Attorney’s fees — Amount — Costs, expert witness fee and prejudgment interest awarded
DR. GARY R. BORAKS, LLC., as assignee of Joshia Johnson, Plaintiff, vs. WINDHAVEN INSURANCE COMPANY, Defendant. County Court, 18th Judicial Circuit in and for Seminole County. Case No. 07-SC-3421. August 13, 2009. Donald Marblestone, Judge. Counsel: Michael Tierney, Winter Park, for Plaintiff. Heather Harwell, Wesley Chapel. Kevin Weiss, Weiss Legal Group, P.A., Maitland.
FINAL JUDGMENT AWARDING ATTORNEY’S FEES AND COSTS
THIS CAUSE came onto be heard on 7/30/09, Plaintiff’s Motion to Tax Attorney’s Fees and Costs, and the Court having heard testimony, argument and examined the Court file, the Court makes the following findings of fact:
1. Based on this Court’s determination, the total attorney’s fees that the Plaintiff is entitled to recover from the Defendant for the services of its attorney is follows:
Attorney Reasonably Expended hour Reasonable hourly rate Michael Tierney, Esq. 38 (Hours) $350-- (per hour) Andrea De Sola, Esq. 3 (Hours) $150-- (per hour) Mark Interlicchio, Esq. 2 (Hours) $175-- (per hour) Geoffrey MacLeay, Esq. 2 (Hours) $150-- (per hour) Ryan Kopf, Esq. 0 (Hours) $ -- (per hour) SUB-TOTAL $14,400.00.
2. The Court finds that Plaintiff’s attorney undertook the representation of the Plaintiff pursuant to a pure contingency fee agreement as defined in State Farm v. Palma, 555 So.2d 836 (Fla. 1993).
3. The Court has considered all of the factors or criteria set forth in Florida Patient’s Compensation Fund v. Rowe, 472 So.2d 1145 (Fla. 1985) as well as Standard Guaranty Insurance Company v. Quanstrom, 555 So.2d 818 (Fla. 1990).
4. The Court considered the testimony of Plaintiff’s expert fee witness for their service as follows:
Expert Witness Reasonable hours (# of hours) Reasonable hourly (hourly rate) Total Kevin Weiss, Esq. 6 $375.00 $2,250.00
Plaintiff is entitled to an expert witness cost award $2,250.00. Mangel v. Bob Dance Dodge, Inc., 739 So.2d 720 (5thDCA 9-10-99) [24 Fla. L. Weekly D2106]; Straus v. Morton, 478 So.2d 472 (Fla. 2d DCA 1985). Plaintiff is entitled to tax this cost against the Defendant.
5. In addition Plaintiff’s counsel, Michael Tierney, incurred reasonable costs in the amount of $236.25 (amount of Costs) during the representation of the Plaintiff in this case.
6. Prejudgment interest at 8% per annum is due to Plaintiff’s counsel on the attorney’s fees and costs from 6/11/09 (date of settlement) until the entry of this final judgment pursuant to Quality Engineering, Inc. v. Higley South, Inc., 670 So.2d 929 (Fla. 1996). Thus, the total amount of prejudgment interest due is $202.10.
WHEREFORE, it is hereby ORDERED AND ADJUDGED:
1. Plaintiff’s Motion to Tax Attorney’s Fees and Costs is hereby GRANTED.
2. The court enters Judgment in favor of the Plaintiff DR. GARY R. BORAKS, LLC., 6388 Silver Star Rd., Suite 2G, Orlando, FL 32808 and against the Defendant WINDHAVEN INSURANCE COMPANY, Statewide Claim Service-Florida 7205 Corporate Center Dr, Ste 200, Miami, Florida 33126-1228 as follows:
Add amount from paragraph #1 $14,400.00 (Attorney’s fees)
Add amount from paragraph #4 $2,250.00 (Expert witness’s fees)
Add amount from paragraph #5 $236.25 (Costs)
Add amount from paragraph #6 $202.10 (Interest due)
GRAND TOTAL $17,088.35.
Payable to Michael Tierney, P.A. to bear interest at 8% per annum, for which let execution issue forthwith.
