16 Fla. L. Weekly Supp. 338b
Online Reference: FLWSUPP 164RESTR
Insurance — Personal injury protection — Attorney’s fees — Contingency risk multiplier — Where attorney represented insured under pure contingency fee arrangement and was not able to mitigate risk of nonpayment in any way, but market does not require contingency fee multiplier to obtain competent counsel, multiplier is not applicable — Costs and prejudgment interest awarded
OLGA L. RESTREPO, Plaintiff, vs. UNITED AUTOMOBILE INSURANCE COMPANY, a Florida Corporation, Defendant. County Court, 11th Judicial Circuit in and for Dade County, General Jurisdiction Division. Case No. 06-14809 SP 25 (3). November 17, 2008. Jacqueline Schwartz, Judge. Counsel: Carlos A. Lopez-Albear, for Plaintiff. Gustavo Losa.
ORDER AND FINAL JUDGMENT FOR ATTORNEY’S FEES AND COSTS
THIS CAUSE having come to be heard on November 17th, 2008, after due notice to the parties, on Plaintiff’s, OLGA L. RESTREPO, Motion for Attorney’s Fees and Costs, the Court having heard argument of counsel, the evidence presented at the hearing, and having been otherwise fully advised in the premises, the Court makes the following:
It is therefore ORDERED AND ADJUDGED:
1. This Court has considered all of the factors enumerated in Florida Patient’s Compensation Fund v. Rowe, 472 So. 2d 1145 (Fla. 1985) and Rule 4-1.5, Rules Regulating the Florida Bar. Specifically, this Court finds that counsel for Plaintiff reasonably expended 106.1 hours in the prosecution of this breach of contract (PIP) lawsuit. This finding is based upon the time sheets filed by Carlos A. Lopez-Albear, Esq. with this Court and the testimony from Carlos A. Lopez-Albear, Esq. at the fee hearing.
2. Pursuant to Florida Patient’s Compensation Fund v. Rowe, 472 So.2d 1145 (Fla. 1985) and the factors enumerated in Rule 4-1.5, Rules Regulating the Florida Bar, this Court finds that Carlos A. Lopez-Albear, Esq. is entitled to be compensated at the rate of $400.00per hour for his time. This finding is based upon evidence presented concerning fees customarily charged in Miami-Dade County by lawyers of reasonably comparable skill, experience and reputation for the quality of legal services performed in this case, the time limitations imposed by the circumstances, the nature and length of the professional relationship between Plaintiff and counsel and the experience, and the reputation and ability of Carlos A. Lopez-Albear, Esq.
3. Pursuant to Florida Patient’s Compensation Fund v. Rowe, 472 So. 2d 1145 (Fla. 1985), this Court finds that the lodestar, the number of hours reasonably expended, 106.1, multiplied by the reasonable hourly rate of $400.00per hour, is $42,440.00 in this case.
4. This Court finds that pursuant to Plaintiff’s Contingency Fee Retainer agreement between Plaintiff and its counsel, Carlos A. Lopez-Albear, Esq. was employed on a pure contingency basis and consequently, this Court must consider a contingency risk factor (multiplier) since it is awarding a statutorily-directed reasonable attorney fee (pursuant to Florida Statute §627.428).
5. This Court has considered all of the factors enumerated in Standard Guaranty Insurance Co. v. Quanstrom, 555 So.2d 828 (Fla. 1990). Specifically, this Court finds that this is a “category two case” (principally tort and contract cases). The Court finds that for this case, the relevant market did not require a contingency fee multiplier to obtain competent counsel, even though counsel for Plaintiff was not able to mitigate the risk of nonpayment in any way.
6. This Court has considered all of the factors enumerated in State Farm Fire & Casualty v. Palma, 555 So.2d 836 (Fla. 1990) and 629 So. 2d 830 (Fla.1993). Specifically, the fee agreement between plaintiff and counsel in this case constituted a pure contingency fee arrangement.
7. Consequently, pursuant to the foregoing cited authorities, this Court finds that a multiplier is not applicable in this case.
8. This Court finds that Carlos A. Lopez-Albear, Esq. is entitled to recover a reasonable attorney’s fee from Defendant, UNITED AUTOMOBILE INSURANCE COMPANY, pursuant to Florida Statutes §627.736 and §627.428.
9. This Court finds that Plaintiff’s counsel Carlos A. Lopez-Albear, Esq. is entitled to taxable costs in the amount of $783.25, all of which the Court determines to be taxable against Defendant.
10. This Court finds that Plaintiff’s counsel was entitled to collect a fee award from Defendant on February 19, 2008. Consequently, pursuant to Quality Engineered Installation, Inc. v. Higley South, Inc., 670 So.2d 929 (Fla. 1996), Plaintiff’s counsel is entitled to collect 11% interest per annum on the fee award of $43,223.25, from February 1st, 2008 through today for a total interest award in the amount of $3,347.72.
11. The Plaintiff’s counsel Carlos A. Lopez-Albear, Esq. is awarded a total amount of $46,570.97 against the Defendant, UNITED AUTOMOBILE INSURANCE COMPANY for which let execution issue.
12. This Court finds that Carlos A. Lopez-Albear, Esquire is entitled to collect 11% interest per annum on the total award of $46,570.97 from the date of this Final Judgment through the date the total award is delivered to Carlos A. Lopez-Albear, Esq., 1545 S.W. 1st Street, Suite 300, Miami, Florida 33135. This Court reserves jurisdiction to enforce this Final Judgment, as well as any previous Judgments and/or Orders in this matter, and to do any and all other acts necessary in this cause.
