16 Fla. L. Weekly Supp. 760a
Online Reference: FLWSUPP 168BAUER
Insurance — Personal injury protection — Attorney’s fees — Amount — Contingency risk multiplier is not applicable to instant case — Costs and expert witness fees awarded
SPINE & REHAB MEDICINE, P.A. (As assignee of Gary Bauer), Plaintiff, vs. PROGRESSIVE AMERICAN INSURANCE COMPANY, Defendant. County Court, 5th Judicial Circuit in and for Hernando County. Case No. H-27-SP-2007-611. June 8, 2009. Kurt E. Hitzemann, Judge. Counsel: Timothy A. Patrick, Nicolas & Patrick, P.A., Tampa, for Plaintiff. C. Spencer Petty, Adams & Diaco, P.A., Tampa, for Defendant.
ORDER ON PLAINTIFF’S MOTION TO TAX ATTORNEY’S FEES AND COSTS
THIS MATTER having come before the Court at a unified Attorney Fees Hearing concerning this case and others and the Court, with the Honorable Judge Donald Scaglione sitting together on this case and others, having received testimony and evidence, as well as this Court reviewing the file and pleadings as to the particular case, finds as follows:
1. Court granted Plaintiff’s Summary Judgment on October 27, 2007 [15 Fla. L. Weekly Supp. 85a].
2. A Final Judgment was issued November 28, 2007.
3. A Notice of Appeal was filed December 19, 2007.
4. This Court’s decision was affirmed by the Circuit Court of the Fifth Judicial District sitting in its appellate capacity on June 26, 2008.
5. An Attorney Fees Hearing was scheduled on March 27, 2009. On this date, the Honorable Judge Donald Scaglione and this Court sat together for a unified hearing on Attorney Fees covering a number of cases.
6. The Court was to determine a reasonable attorney fee and appropriate hours for this particular case.
7. The Court has reviewed all parties’ pleadings, as well as the relevant case law. 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).
8. Based upon the testimony, the Court determines a reasonable hourly fee of services rendered by the Plaintiff to be $225.00 an hour.
9. The Court determined that the reasonable hours expended on the case is 35 hours.
10. The Court has reviewed the case with the question of application of a multiplier and finds that a multiplier is not applicable to this case.
11. The Court determined that $318.00 cost is appropriate.
12.The Court determined that the Plaintiff’s expert is entitled to $300.00 an hour for testimony and review of this case, and the Court determined that the expert expended 4 hours on this case for a total of $1,200.00.
Wherefore it is
ORDERED AND ADJUDGED that the Plaintiff shall submit an Amended Final Judgment to include $7,875.00 for attorney fees, $318.00 for costs and $1,200.00 for expert fees.
The Court reserves jurisdiction for the purpose of enforcement of this Order and Judgment including the award of additional attorney fees should that be necessary and for the purpose of appellate attorney fee determination, if any.
