16 Fla. L. Weekly Supp. 340a
Online Reference: FLWSUPP 164ALFON
Insurance — Personal injury protection — Attorney’s fees — Amount
REVERSED. 17 Fla. L. Weekly Supp. 742a. (United Auto. Ins. Co. v. Miami Neurology Rehab Specialist, 11th Cir.App., 3/23/2010.)
MIAMI NEUROLOGY AND REHABILITATION SPECIALISTS a/a/o YOAN DIAZ ALFONSO, Plaintiff, vs. UNITED AUTOMOBILE INSURANCE COMPANY, Defendant. County Court, 11th Judicial Circuit in and for Miami-Dade County, Civil Division. Case No. 07-10334 CC 25 (02). January 5, 2009. Lawrence D. King, Judge. Counsel: Jonathan R. Friedland, for Plaintiff. Juan Montes. Jorge Romani.
FINAL JUDGMENT FOR ATTORNEY’S FEES AND COSTS
THIS CAUSE, having come on to be heard before the Court upon the Plaintiff, MIAMI NEUROLOGY AND REHABILITATION SPECIALISTS a/a/o YOAN DIAZ ALFONSO’s Motion for Entry of Final Judgment as to Attorney’s Fees and Costs and the Court being otherwise duly advised in the premises, the Court finds as follows:
1. The Plaintiff, MIAMI NEUROLOGY AND REHABILITATION SPECIALISTS a/a/o YOAN DIAZ ALFONSO’s contract with Plaintiff’s counsel, Jonathan R. Friedland, Esquire is a contingency fee agreement.
2. Pursuant to this Court having entered Final Judgment for the Plaintiff, MIAMI NEUROLOGY AND REHABILITATION SPECIALISTS a/a/o YOAN DIAZ ALFONSO, on September 25, 2008 the Plaintiff is hereby entitled to an award of attorney’s fees and costs from Defendant, UNITED AUTOMOBILE INSURANCE COMPANY, pursuant to Section 627.428, Florida Statutes.
3. That the Court has reviewed the relevant facts in Florida Patient’s Compensation Fund v. Rowe, 472 So.2d 1145 (Fla. 1985), and Standard Guaranty Insurance Company v. Quanstrom, 555 So.2d 828 (Fla. 1990), in considering the reasonable fee to be awarded to Plaintiff, MIAMI NEUROLOGY AND REHABILITATION SPECIALISTS a/a/o YOAN DIAZ ALFONSO’s counsel.
4. That a reasonable hourly fee for the services rendered by the Plaintiff, MIAMI NEUROLOGY AND REHABILITATION SPECIALISTS a/a/o YOAN DIAZ ALFONSO’s counsel, Jonathan R. Friedland, Esquire is $375.00.
5. That the reasonable amount of time expended by the Plaintiff’s counsel, Jonathan R. Friedland, Esquire, in the action is 77.15 hours. Accordingly, the amount of $28,931.25 is a reasonable fee for the services of Jonathan R. Friedland, Esquire.
6. That Plaintiff, MIAMI NEUROLOGY AND REHABILITATION SPECIALISTS a/a/o YOAN DIAZ ALFONSO, is entitled to the amount of $1,168.75 as and for taxable costs.
WHEREUPON, IT IS ORDERED AND ADJUDGED:
1. That Plaintiff’s attorney, Jonathan R. Friedland, Esquire shall recover of and from the Defendant, UNITED AUTOMOBILE INSURANCE COMPANY attorney’s fees in the amount of $28,931.25 plus taxable costs in the amount of $1,168.75.
2. Plaintiff, MIAMI NEUROLOGY AND REHABILITATION SPECIALISTS a/a/o YOAN DIAZ ALFONSO, shall recover pre-judgment interest from September 25, 2008 in the amount of $879.79.
3. The aggregate amount of the foregoing sums is $30,979.79.
4. That interest shall accrue on the aggregate sum at the rate of interest, currently eleven percent (11%) per annum, until such sums are fully satisfied, all for which let execution issue.
