16 Fla. L. Weekly Supp. 335c
Online Reference: FLWSUPP 164RABAD
Insurance — Personal injury protection — Attorney’s fees — Amount
HIALEAH CHIROPRACTIC AND WELLNESS CENTER, INC., a/a/o Magaly Rabadan, Plaintiff, vs. U.S. SECURITY INSURANCE COMPANY, Defendant. County Court, 11th Judicial Circuit in and for Miami-Dade County. Case No. 07-28871 SP 23 (01). April 7, 2008. Myriam Lehr, Judge. Counsel: Paul K. Schrier and David S. Kuczenski, for Plaintiff. Anthony J. Perez..
ORDER AND FINAL JUDGMENT FOR ATTORNEY’S FEES AND COSTS
THIS CAUSE scheduled and heard on April 7th, 2008, upon Plaintiff, HIALEAH CHIROPRACTIC AND WELLNESS CENTER, INC.’s (a/a/o Magaly Rabadan), Motion to Determine Amount of Attorney’s Fees and Costs. Having heard argument of counsel, the evidence presented at the hearing, testimony from expert witnesses, and having been otherwise fully advised in the premises, the Court makes the following findings of fact and conclusions of law:
1. This Court finds that Plaintiff, HIALEAH CHIROPRACTIC AND WELLNESS CENTER, INC.’s contract with Plaintiff’s counsel is a contingent fee agreement.
2. Prior to jury selection, the Defendant confessed judgment on January 18, 2008, and as a result of the foregoing, the Plaintiff, HIALEAH CHIROPRACTIC AND WELLNESS CENTER, INC., is entitled to an award of attorney’s fees and costs from the Defendant, U.S. SECURITY INSURANCE CO.
3. That the Court has reviewed the factors in Florida Patient’s Compensation Fund v. Rowe, 472 So.2d 1145 (Fla. 1985) and Standard Guaranty Ins. Co. v. Quanstrom, 555 So.2d 828 (Fla. 1990) in considering the reasonable fee to be awarded to Plaintiff, HIALEAH CHIROPRACTIC AND WELLNESS CENTER, INC.’s counsel.
4. That a reasonable hourly fee for the services rendered by the Plaintiff HIALEAH CHIROPRACTIC AND WELLNESS CENTER, INC.’s counsel, Paul K. Schrier, Esquire is $425.00 and a reasonable hourly fee for the services rendered by the Plaintiff HIALEAH CHIROPRACTIC AND WELLNESS CENTER, INC.’s counsel, David S. Kuczenski, Esquire is $350.00.
5. That the reasonable amount of time expended by the Plaintiff, HIALEAH CHIROPRACTIC AND WELLNESS CENTER, INC.’s counsel, Paul K. Schrier, Esquire in this action is 7.55 hours. Accordingly, the amount of $3208.75 is a reasonable fee for the services by Paul K. Schrier, Esquire.
6. That the reasonable amount of time expended by the Plaintiff, HIALEAH CHIROPRACTIC AND WELLNESS CENTER, INC.’s counsel, David S. Kuczenski, Esquire in this action is 4.75 hours.
7. Accordingly, the amount of $1662.50 is a reasonable fee for the services by David S. Kuczenski, Esquire.
8. That Plaintiff, HIALEAH CHIROPRACTIC AND WELLNESS CENTER, INC., is entitled to the amount of $170.00 as and for taxable costs.
9. That a reasonable hourly fee for the services rendered by Plaintiff, HIALEAH CHIROPRACTIC AND WELLNESS CENTER, INC.’s expert witness, Neil Gonzalez, Esquire, is $375.00 per hour and the reasonable time expended by the Plaintiff, HIALEAH CHIROPRACTIC AND WELLNESS CENTER, INC.’s expert for the preparation for and testifying as an expert for Paul K. Schrier, Esquire and David S. Kuczenski, Esquire is 2 hours. Accordingly, the amount of $750.00 is a reasonable fee for the services by Neil Gonzalez, Esquire for preparing for and testifying as an expert for Paul K. Schrier, Esquire and David S. Kuczenski, Esquire.
WHEREUPON, IT IS ORDERED AND ADJUDGED:
1. That Plaintiff, HIALEAH CHIROPRACTIC AND WELLNESS CENTER, INC., counsel, Paul K. Schrier, Esquire, shall recover of and from the Defendant, U.S. SECURITY INSURANCE COMPANY attorney’s fees in the amount of $3208.75 and taxable costs in the amount of $170.00 the aggregate amount which totals $3,378.75.
2. That Plaintiff, HIALEAH CHIROPRACTIC AND WELLNESS CENTER, INC., counsel, Paul K. Schrier, Esquire, shall recover of and from the Defendant, U.S. SECURITY INSURANCE COMPANY the amount of $56.00 as and for accrued interest at the rate of eleven percent (11%) per annum from January 28, 2008 through the date of this order, on the foregoing award for a total amount due of $3434.75.
3. That Plaintiff, HIALEAH CHIROPRACTIC AND WELLNESS CENTER, INC., counsel, David S. Kuczenski, Esquire, shall recover of and from the Defendant, UNITED AUTOMOBILE INSURANCE COMPANY attorney’s fees in the amount of $1662.50.
4. That Plaintiff, HIALEAH CHIROPRACTIC AND WELLNESS CENTER, INC., counsel, David S. Kuczenski, Esquire, shall recover of and from the Defendant, UNITED AUTOMOBILE INSURANCE COMPANY the amount of $27.57 as and for accrued interest at the rate of eleven percent (11%) per annum from January 28, 2008 through the date of this order, on the foregoing award for a total amount due of $1690.06.
5. That Plaintiff, HIALEAH CHIROPRACTIC AND WELLNESS CENTER, INC., expert, Neil Gonzalez, Esquire, shall recover of and from the Defendant, UNITED AUTOMOBILE INSURANCE COMPANY attorney’s fees in the amount of $750.00
6. A total judgment amount of prejudgment interests for the above attorney fees and costs, in the amount of $5,094.81, is hereby entered in favor of Paul K. Schrier, Esquire and David S. Kuczenski against UNITED AUTOMOBILE INSURANCE COMPANY, and an expert witness fee to Neil Gonzalez in the amount of $750.00 for which let execution issue and upon which post judgment interest at the rate of eleven percent (11%) shall accrue from this day.
7. The aggregate amount of the foregoing sums is $5,844.81.
8. That interest shall accrue on the foregoing sums at the rate of eleven percent (11%) per annum until such sums are fully satisfied, and for which let execution issue.
