16 Fla. L. Weekly Supp. 337a
Online Reference: FLWSUPP 164MATEO
Insurance — Personal injury protection — Attorney’s fees — Amount
JF3, INC., AS ASSIGNEE OF MABEL MATEO, Plaintiff(s) vs. MERCURY INSURANCE COMPANY OF FLORIDA, Defendant. County Court, 11th Judicial Circuit in and for Dade County. Case No. 03-6142 SP 26 (2). April 23, 2008. Robin Faber, Judge. Counsel: Kenneth B. Schurr, for Plaintiff. Alan Alvarez. Brian Tenzer.
FINAL JUDGMENT TAXING ATTORNEY’S FEES & COSTS
THIS CAUSE came on to be heard on March 7, 2008 at 9:30 a.m. on Plaintiff’s Motion to Tax Attorney’s Fees and Costs, and the Court having considered the testimony of the attorneys for the parties, argument of counsel, the testimony of the parties’ respective experts, the affidavit of Plaintiff’s counsel as well as the pleadings and evidence, and being otherwise fully advised, the Court, utilizing the criteria set forth in Florida Patient’s Compensation Fund v. Rowe, 472 So.2d 1145 (Fla. 1985), and its progeny, it is hereupon:
ORDERED AND ADJUDGED as follows:
1. That attorneys Kenneth B. Schurr, Esq., as counsel for JF3, Inc., a/a/o Mabel Mateo, are entitled to an award of reasonable attorney’s fees from defendant, Mercury Insurance Company of Florida pursuant to section 627.428, Florida Statutes, as follows:
ATTORNEY’S FEES FOR KENNETH B. SCHURR
2. The Court determines, sitting in its fact finding capacity, that the reasonable hours expended by attorney, Kenneth B. Schurr, Esq., in the representation of the Plaintiff in this case are 44.61 hours. In determining what constitutes a reasonable number of hours, the Court has determined that the aforesaid hours were necessarily expended by Plaintiff’s counsel to prosecute the case to its successful conclusion. This Court also finds that the reasonable hourly rate to be awarded to attorney Kenneth B. Schurr, Esq., for the work performed for the Plaintiff in this case is $375.00 per hour. Accordingly, the Lodestar amount of attorney’s fees which should be awarded to Kenneth B. Schurr, Esq. for the prosecution of the above-styled case is $16,728.75 (number of hours multiplied by hourly rate). This Court further determines that Plaintiff’s counsel is entitled to pre-judgment interest on the amount of attorney’s fees awarded to Kenneth B. Schurr, Esq. from the date on which entitlement to such fees was determined or stipulated, which was on June 12, 2007. Accordingly, Plaintiff is entitled to and shall recover from Defendant MERCURY INSURANCE COMPANY OF FLORIDA the sum of $1,840.16 as and for pre-judgment interest (which is calculated at the rate of 11% per annum) for a net fee award of $18,568.91 for attorney Kenneth B. Schurr, Esq.
COSTS
3. The Plaintiff shall also be entitled to recover $N/A as and for taxable costs incurred herein, payable to KENNETH SCHURR, ESQ.
EXPERT WITNESS FEES
4. The Court finds that Plaintiff’s expert witness, Amado Alan Alvarez, Esq., is entitled to an expert witness fee for 3.0 hours at an hourly rate of $425.00 for a total expert witness fee of $1,275.00,which is taxed against the Defendant as a cost and for which let execution issue.SUMMARY
5. In summary, Plaintiff and its attorneys, Kenneth B. Schurr, Esq. shall recover from the Defendant, MERCURY INSURANCE COMPANY OF FLORIDA, the sum of $18,568.91 in attorney’s fees for Kenneth B. Schurr, Esq. plus $0.00 in costs, plus $1,275 as an expert witness fee payable to Amado Alan Alvarez, Esq. for a total final judgment of $19,843.91 all of which shall accrue plus post judgment interest from the date hereof at the legal rate of interest 11% per annum, all for which let execution issue.
6. This Court reserves jurisdiction for purposes of enforcement of this Final Judgment, including the award of additional attorney’s fees should it become necessary to expend additional time on the enforcement of this Final Judgment, and for purposes of appellate attorney’s fees to be determined, if any.
