16 Fla. L. Weekly Supp. 895c
Online Reference: FLWSUPP 169SMITH
Insurance — Personal injury protection — Attorney’s fees — Appellate — Amount
FLORIDA EMERGENCY PHYSICIANS KANG & ASSOCIATES, M.D., P.A. as assignee of DARYL SMITH, Plaintiff, vs. PROGRESSIVE CASUALTY INSURANCE COMPANY, Defendant. County Court, 18th Judicial Circuit in and for Seminole County. Case No. 04-SC-4262. July 15, 2009. Donald L. Marblestone, Judge. Counsel: Kevin B. Weiss, Weiss Legal Group, P.A., Maitland, for Plaintiff. Michael C. Clarke, Kubicki Draper, P.A., Tampa.
[Editor’s note: See also 17 Fla. L. Weekly Supp. 61a.]
FINAL JUDGMENT AWARDING APPELLATE ATTORNEY’S FEES AND COSTS AGAINST PROGRESSIVE CASUALTY INSURANCE COMPANY
THIS CAUSE came on to be heard on the Plaintiff’s Motion to Tax Appellate Attorney’s Fees and Costs of Kevin B. Weiss, and the Court, having heard argument and having reviewed the court file, finds the following:
1. The appellate court has issued an opinion dated February 24, 2009 reversing part of the Final Judgment in this matter. [16 Fla. L. Weekly Supp. 409a]
2. On March 26, 2009, the circuit appellate court issued an Order granting Appellant’s appellate attorney’s fees. The Defendant moved for rehearing which was denied in an Order dated April 30, 2009. The Plaintiff filed a Motion for Appellate Attorney’s Fees and Costs in this Court within thirty (30) days of the Second Order pursuant to Florida Rule of Appellate Procedure 9.400.
3. Pursuant to the circuit appellate court’s Order, Mr. Weiss is entitled to reasonable attorney’s fees and costs for his work associated with the appeal of the expert witness issue in this case.
4. The Court finds that Mr. Weiss reasonably expended 50 hours in representing the Plaintiff in this cause.
5. That a reasonable hourly rate to be paid by the Defendant to Plaintiff’s counsel, Kevin B. Weiss, is $375.00 per hour.
6. That based upon this Court’s determination, the total attorney’s fees that the Plaintiff is entitled to recover from the Defendant which are related to the expert witness fee issue on appeal is $18,750.00.
7. That Plaintiff’s counsel, Kevin B. Weiss, incurred reasonable costs in the amount of $298.00 during his representation of the Plaintiff in this case.
8. Plaintiff’s expert witness, Glenn Klausman, Esq., is entitled to be compensated for the time he expended in preparing to testify and testifying in this case. Mr. Klausman expended 6.8 hours in this case, and a reasonable hourly rate for Mr. Klausman is $450.00 per hour. See Travieso v. Travieso, 474 So. 2d 1184 (Fla. 1985), Mangel v. Bob Dance Dodge, Inc., 739 So. 2d 720 (Fla. 5th DCA 1999), and Stokus v. Phillips, 651 So.2d 1244 (Fla. 2d DCA 1995).
8. That prejudgment interest at 8% per annum is due to Plaintiff’s counsel on the attorney fee and costs from 3-26-09 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 $463.41.
WHEREFORE, it is hereby ORDERED AND ADJUDGED:
1. That Plaintiff’s Motion to Tax Appellate Attorney’s Fees and Costs is hereby GRANTED.
2. That Plaintiff’s counsel, Kevin B. Weiss, does have and recovers from the Defendant, Progressive Casualty Insurance Company a reasonable attorney’s fee in the amount of $18,750.00 and expert witness fee of $3,060.00 and costs in the amount of $298.00 for a total sum of $22,108.00, together with prejudgment interest in the amount of $463.41 for which let execution issue forthwith.
