16 Fla. L. Weekly Supp. 577c
Online Reference: FLWSUPP 166WILLI
Insurance — Personal injury protection — Attorney’s fees — Motion to strike time sheets filed after deadline for filing detailed itemization of time is denied where motion to extend time was filed but never ruled upon
Order set aside at 16 Fla. L. Weekly Supp. 925a
OROZCO MEDICAL CENTER, INC., a/a/o TIFFANY WILLIAMS, Plaintiff(s), vs. UNITED AUTOMOBILE INSURANCE CO., Defendant(s). County Court, 13th Judicial Circuit in and for Hillsborough County. Case No. 2007-7512, Division I. March 26, 2009. Dick Greco, Jr., Senior Judge. Counsel: Timothy A. Patrick, Nicholas & Patrick, P.A., Tampa. Matthew D. Brumley, Tampa. Michael C. Clarke, Tampa.
ORDER ON PLAINTIFF’S MOTION TO TAX ATTORNEY’S FEES AND COSTS
THIS CAUSE having come before the Court on the 29th day of January, 2009, and the Court having heard the testimony of the witnesses, reviewed the court file, memorandums and case authority and listened to the arguments of counsel, does hereby find as follows:
1. A reasonable hourly rate for Plaintiff’s attorney’s fees herein is $350.00 per hour. Additionally the Court finds the hours spent to be reasonable as well.
2. On January 31, 2008, the Court signed an Order Preliminary to Mediation Arbitration Hearing Motion to Tax Costs and Award Attorney Fees.
3. Paragraph 1 of that Order states that “. . .counsel for the moving party shall provide counsel for the non-moving party, in writing, a list of all items of time and costs for which payment is sought.”
4. Plaintiff filed a Motion to Extend Time, in which to respond to said Order, with a Certificate of Service date of February 8, 2008.
5. Plaintiff then filed their Affidavit of Attorney’s Fees and Costs, with a Certificate of Service date of February 26, 2008.
6. The Court here does not find that Plaintiff’s motion described in Paragraph 4 above was heard by the Court and/or even ruled upon.
7. Defendant, by Certificates of Service both dated March 6, 2008, filed a Response to the Plaintiff’s Detailed Itemizations of Time and a Motion to Strike the Plaintiff’s Affidavits of Attorney’s Fees and Costs.
8. Defendant’s Response to Plaintiff’s Detailed Itemizations of time, while it does not agree with the total amount of time claimed by Plaintiff, does acknowledge that Plaintiff should be allowed a number of hours as Defendant has deemed reasonable.
9. However, Defendant’s Motion to Strike the Plaintiff’s Affidavits of Attorney’s Fees and Costs requests that the Court strike the Plaintiff’s time sheets.
10. The Court here does not find that Defendant’s Motion described in Paragraph 9 above was heard by the Court and/or ever ruled upon. However, this Court does not find that the circumstances warrant the striking of Plaintiff’s time sheets.
11. The Plaintiff, due to the filing of the Motion to Strike, was placed on Notice that Defendant was contesting Plaintiff’s request for attorney’s fees in total. Therefore, Plaintiff was justified in assuming that Defendant was contesting Plaintiff’s entitlement to any attorney’s fees herein.
THEREFORE, it is ORDERED AND ADJUDGED:
1. A reasonable attorney’s fee here is $350.00 per hour.
2. The hours claimed by Plaintiff are reasonable.
