16 Fla. L. Weekly Supp. 339a
Online Reference: FLWSUPP 164HEDDE
Insurance — Personal injury protection — Attorney’s fees — Amount
JOHN HEDDEN, Plaintiff, vs. UNITED AUTOMOBILE INSURANCE COMPANY, Defendant. County Court, 11th Judicial Circuit in and for Miami-Dade County, Civil Division. Case No. 08-00436 SP 05 (4). December 8, 2008. Catherine M. Pooler, Judge. Counsel: Michael Feldman and Mark Feldman, for Plaintiff.
REVERSED FLWSUPP 2002HEDD
FINAL ORDER ON PLAINTIFF’S ATTORNEYS FEES AND COSTS
On December 8, 2008, THIS CAUSE came to be heard at an evidentiary hearing regarding plaintiff’s counsels’ verified motions for the amount of fees and costs against defendant United Automobile Insurance Company (United Automobile), and having received sworn testimony from plaintiff’s counsel as well as expert testimony, the Court makes the following findings of fact and conclusions of law:
1. That plaintiff’s counsel Michael Feldman, Esq., and Mark Feldman, Esq., are entitled to a fee from defendant United Automobile, because, pursuant to 627.428 Fla. Stat., plaintiff obtained final summary judgment for the plaintiff and against the defendant.
2. That the Court finds:
a. Michael Feldman, Esq. reasonably expended 7.0 hours in the instant litigation and a reasonable hourly rate for him is $400.00 per hour for his services.
b. Mark Feldman, Esq. reasonably expended 40 hours in the instant litigation and a reasonable hourly rate for him is $450.00 per hour for his services.
c. Peter DePrimo, Esq., plaintiff’s expert witness, expended 5.5 hours in the instant litigation and a reasonable hourly rate for him is $350.00 per hour for his services.
d. Taxable costs are $290.00 by Mark J. Feldman, P.A. against defendant United Automobile.
It is therefore,
ORDERED AND ADJUDGED that
a. Michael Feldman, Esq. shall recover from defendant United Automobile Insurance Company as attorney fees the sum of $2,800.00, plus pre-judgment interest on it, all of which shall bear interest at 11% a year and for which let execution issue.
b. Mark Feldman, Esq. shall recover from defendant United Automobile Insurance Company attorney fees in the sum of $18,000.00, plus pre-judgment interest on it, all of which shall bear interest at 11% a year and for which let execution issue.
c. Peter DePrimo, Esq. as expert witness for plaintiff’s counsel, shall recover from defendant United Automobile Insurance Company the sum of $1,925.00 that shall bear interest at 11% a year, for which let execution issue.
d. Mark J. Feldman, P.A. shall recover as taxable costs from defendant United Automobile Insurance Company the sum of $290.00 that shall bear interest at 11% a year, for which let execution issue. Pre-Judgement interest in the amount of $106.56.
