16 Fla. L. Weekly Supp. 1199b
Online Reference: FLWSUPP 1612GILE
Insurance — Personal injury protection — Attorney’s fees — Amount — Costs, expert witness fees and prejudgment interest awarded
LYDIA GILES, Plaintiff, vs. DAIRYLAND INSURANCE COMPANY, Defendants, County Court, 18th Judicial Circuit Brevard County. Case No. 2008-CC-056959. October 12, 2009. Michelle Baker, Judge. Counsel: Eric S. Gillin, for Plaintiff.
FINAL. JUDGMENT FOR ATTORNEY’S FEES AND COSTS
THIS CAUSE having come before the Court on July 27, 2009 upon Plaintiff’s Motion for Attorney’s Fees and Costs, and the parties having appeared, in person or by counsel, upon due notice and the Court having received sworn testimony and evidence subject to cross examination and the Court having considered the arguments of the counsel for the parties and the court having been advised in the premises,
The Court finds as a matter of fact and concludes as a matter of law, as follows:
1. Lydia Giles became entitled to recover reasonable attorney’s fees in this PIP declaratory judgment lawsuit.
2. The Defendant conceded that Plaintiff’s counsel Eric S. Gillin is entitled to recover reasonable attorney’s fees and costs as a result of prevailing in this case for personal injury protection coverage.
3. Based on this Court’s determination, the total attorney’s fees that Plaintiff is entitled to recover from the Defendant for his legal services is as follows:
a. Given the experience, reputation and competence of Plaintiff’s counsel, in light of the fees awarded in this locale, and considering other appropriate factors, the Court finds and concludes that 1) the reasonably hourly rate of Eric S. Gillin, Esq. is $325.00 per hour; 2) The Court further finds that Erie S. Gillin, Esq. reasonably expended thirty nine (39) hours on the prosecution of this claim.
b. The resulting loadstar amount is computed as follows Eric S. Gillin, Esq. $12,675.00.
c. It was stipulated between the parties and the Court agrees that the reasonable amount of Plaintiff’s paralegal’s time and rate resulted in an additional $340.00.
d. It was further stipulated that Plaintiff’s recoverable costs for prosecution of this claim were properly calculated at $712.00.
e. It was unopposed that Plaintiff’s expert attorney, Kevin Weiss, Esq., who has extensive experience in PIP cases and an excellent reputation reasonably and actually expended eleven (11) hours of time reviewing Plaintiff’s file and testifying at the hearing and that his reasonable hourly rate is $400.00, entitling him to $4,400.00 for his expert fee services.
f. It was also stipulated that prejudgment interest began on January 17, 2009.
IT IS HEREBY ORDERED AND ADJUDGED as follows:
The Plaintiff, LYDIA GILES, recover from the Defendant DAIRYLAND INSURANCE COMPANY, for reasonable attorney’s fees, the sum of $12,675.00 together with paralegal fees of $340.00 together with recoverable costs of $712.00 and reasonable expert witness fees of $4,400.00, for a total recovery of $18,127.00 plus applicable interest of 8% beginning on January 17, 2009, for which let execution issue. This judgment shall bear interest at the rate of 8% per year.
