16 Fla. L. Weekly Supp. 571a
Online Reference: FLWSUPP 166ALVAR
Insurance — Personal injury protection — Attorney’s fees — Amount — Contingency risk multiplier — PIP case resolved on basis of court rulings issued before suit was filed does not qualify for multiplier
SPINE & REHAB MEDICINE, P.A., as assignee of ALBERTO ALVAREZ, Plaintiff, vs. PROGRESSIVE EXPRESS INSURANCE COMPANY, Defendant. County Court, 5th Judicial Circuit in and for Hernando County. Case No. H-27-SC-2008-1797. April 22, 2009. Donald E. Scaglione, Judge. Counsel: Timothy A. Patrick, Nicolas & Patrick, P.A., Tampa. Adam R. Filthaut, Adams & Diaco, P.A., Tampa.
ORDER ON PLAINTIFF’S MOTION TO TAX ATTORNEY’S FEES AND COSTS AND APPLY A CONTINGENCY RISK MULTIPLIER
THIS MATTER having come before the Court at a unified Attorney Fees Hearing on March 27, 2009 and both the Honorable Judge Kurt Hitzemann and this Court sitting together during the hearing, received testimony and evidence in this case and others as well as this Court reviewing the file and pleadings of this case finds as follows:
1. A Final Judgment was not entered at the time of hearing but the parties agreed to counsel’s entitlement of fees in this particular case.
2. It appears this case was resolved pursuant to the previous ruling of this Court and the rulings of the Honorable Judge Kurt Hitzemann as well as the appellate ruling of the 5th Circuit Appellate Court.
3. An Evidentiary Hearing was held March 27, 2009 to determine the amount of reasonable hourly fee and the appropriate hours for this case.
4. The Court has reviewed the relevant case law applicable: Florida Patient’s Compensation Fund v. Rowe, 472 So.2d 1145 (Fla. 1985) and Standard Guaranty Ins. Co. v. Quanstrom, 555 So.2d 828 (Fla. 1990).
5. Based upon the testimony the Court determined a reasonable hourly fee for services rendered by Plaintiff to be $225.00 an hour.
6. Based upon the testimony the Court determined the reasonable time expended on this case to be 14 hours.
7. The Court determined as to this case, based upon its filing date in relationship to prior Court rulings, does not qualify for a multiplier.
8. The Court determined costs of $210.00 to be appropriate.
9. The Court determined the Plaintiff’s expert is entitled to a fee of $300.00 an hour for his testimony and review of the case(s). As for this case the Court finds the Plaintiff’s expert expended 3 hours.
Wherefore the Court awards Plaintiff attorney fees of $3150.00, costs of $210.00 and $900.00 for expert witness fees.
Plaintiff is directed to prepare a Final Judgment reflecting the Court ruling.
