16 Fla. L. Weekly Supp. 1067a
Online Reference: FLWSUPP 1611RAZA
Insurance — Personal injury protection — Attorney’s fees — Amount — Prevailing insured is not entitled to contingency risk multiplier — Costs, expert witness fee, and prejudgment interest awarded
RANDY RAZACK, Plaintiff, vs. GEICO GENERAL INSURANCE COMPANY, Defendant. County Court, 9th Judicial Circuit in and for Orange County. Case No. 08-CC-21073, Division 73. August 18, 2009. Deb S. Blechman, Judge. Counsel: David A. Spain, Morgan & Morgan, P.A., Orlando, for Plaintiff. Andrea N. White, Allen, Kopet & Associates, PLLC., Winter Park.
ORDER ON PLAINTIFF’S MOTION FOR ATTORNEY’S FEES AND COSTS
THIS CAUSE WAS HEARD before the Court on August 11, 2009 at 1:30 p.m. on Plaintiff’s Motion for Attorney’s Fees and Costs. The Court has considered the testimony submitted into evidence by counsel for the Plaintiff and Defendant. Based on all the foregoing, the Court hereby makes the following findings of fact and conclusions of law:
1. Plaintiff’s Attorney, David A. Spain, is entitled to reasonable attorney’s fees and costs incurred in the prosecution of the above styled case based upon the holding and reasoning in Standard Guaranty Insurance Co v. Quanstrom, 555 So. 2d. 828 (Fla. 1990) and Ivey v. Allstate Insurance Company, 25 Fla. L. Weekly S1103 (Fla. December 7, 2000).
2. The reasonable hours expended in this case by David A. Spain shall be 27.1 hours.
3. In light of the number of hours presented by evidence, a reasonably hourly rate for David A. Spain shall be 350.00 per hour.
4. Plaintiff is not entitled to a multiplier in this case. The multiplier to which the Plaintiff is entitled is 1.0.
4. [sic] The court considered the cost affidavit submitted by the Plaintiff in this case. Morgan & Morgan shall be entitled to reasonable costs of $688.58.
5. Plaintiff shall recover $10,173.58 in attorneys fees and costs from the Defendant.
5. [sic] Plaintiff is entitled to recover the expert witness fee of Don McKeever, Esq., based upon the holding in the case of Travesio v. Travesio, 474 So. 2d 1184 (Fla. 1985); and that 3 is the reasonable amount of hours and 350.00 per hour is a reasonable hourly rate.
6. Plaintiff’s expert witness, Don McKeever, Esq. shall recover$1,050.00forthe time he has expended as an expert in this matter.
7. Defendant shall pay the foregoing amounts to counsel for Plaintiff within (14) days of the entry of this Order.
8. The Court shall reserve jurisdiction for entry of a final judgment as to attorney’s fees and costs.
9. Prejudgment interest shall accrue from 5/14/09 through the date of the entry of this order in the amount of$203.47.
