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TRAUMA & REHAB ASSOCIATES, a/a/o Nelson Parra, Plaintiff(s), vs. UNITED AUTOMOBILE INSURANCE COMPANY, a Florida corporation, Defendant.

16 Fla. L. Weekly Supp. 335b

Online Reference: FLWSUPP 164PARRA

Insurance — Personal injury protection — Attorney’s fees — Amount

TRAUMA & REHAB ASSOCIATES, a/a/o Nelson Parra, Plaintiff(s), vs. UNITED AUTOMOBILE INSURANCE COMPANY, a Florida corporation, Defendant. County Court, 11th Judicial Circuit in and for Dade County, Civil Division. Case No. 06-22688 CC 25 (02). January 7, 2009. Lawrence D. King, for Andrew S. Hague, Judge. Counsel: Jose R. Iglesia, Mari Sampedro-Iglesia, and Eric Shapiro, for Plaintiff. Juan Montes.

FINAL JUDGEMENT OF ATTORNEY’S FEES AND COSTS FOR PLAINTIFF TRAUMA& REHAB ASSOCIATES, a/a/o Nelson Parra

THIS CAUSE, having come on to be heard before the Court upon agreement of the parties, upon Plaintiff, TRAUMA & REHAB ASSOCIATES’ Motion For Attorney’s Fees and Costs, and the Court being otherwise duly advised in the premises, the Court makes the following:

FINDINGS

1. That Plaintiff, TRAUMA & REHAB ASSOCIATES’ contract with Plaintiff’s counsels, Mari Sampedro-Iglesia, Esquire, Jose R. Iglesia, Esquire & Eric Shapiro, Esquire is a contingent fee agreement.

2. A Final Judgment was entered by this court which reserved jurisdiction on the award of attorney’s fees and costs for Plaintiff, TRAUMA & REHAB ASSOCIATES’ counsels, against the Defendant, UNITED AUTOMOBILE INSURANCE COMPANY, pursuant to Section 627.428, Florida Statutes.

3. That the Court has reviewed the relevant factors in Florida Patient’s Compensation Fund v. Rowe, 472 So.2d 1145 (Fla. 1985), and Standard Guaranty Insurance Company v. Quanstrom, 555 So.2d 828 (Fla.1990), in considering the reasonable fee to be awarded to Plaintiff, TRAUMA REHAB ASSOCIATES’ counsels.

4. That reasonable hourly fee for the services rendered by Plaintiff, TRAUMA & REHAB ASSOCIATES’ counsel Mari Sampedro-Iglesia, Esquire, is $400.00, Jose R. Iglesia, Esquire, is $400.00 and Eric Shapiro, Esquire, is $310.00.

5. That the reasonable amount of the time expended by counsel, Mari Sampedro-Iglesia, Esquire, in this action is 28.25, Jose R. Iglesia, Esquire, is 26.0 hours and Eric Shapiro, Esquire, is 4.6 hours. Accordingly, the amount of $23,126.00 is a reasonable fee for the services of Mari Sampedro-Iglesia, Esquire, Jose R. Iglesia, Esquire and Eric Shapiro, Esquire.

6. That a reasonable hourly fee for the services rendered by Plaintiff, TRAUMA & REHAB ASSOCIATES’ expert witness, Marc Goldman, Esquire, is $400.00.

7. That the reasonable amount of time expended by Plaintiff, TRAUMA & REHAB ASSOCIATES’ expert witness, Marc Goldman, Esquire in this action is 2.5 hours. Accordingly, the amount of $1,000.00 is a reasonable fee for the services of Marc Goldman, Esquire.

8. That Plaintiff, TRAUMA & REHAB ASSOCIATES is entitled to the amount of $380.00 as and for taxable costs.

WHEREUPON, IT IS ORDERED AND ADJUDGED:

1. That counsels, Mari Sampedro-Iglesia, Esquire, Jose R. Iglesia, Esquire, and Eric Shapiro, Esquire, shall recover of and from Defendant, UNITED AUTOMOBILE INSURANCE COMPANY the amount of $1,233.69, as and for accrued interest at the rate of nine percent (11%) per annum on the foregoing award of attorney’s fees and costs. Said amount covers the interest accrued on the above mentioned attorneys’ fees up to December 31, 2008, thereafter it should accrue interest at a rate of $6.97 per day.

2. That Plaintiff, TRAUMA & REHAB ASSOCIATES’ counsels, Mari Sampedro-Iglesia, Esquire, Jose R. Iglesia, Esquire and Eric Shapiro, Esquire, shall recover of and from Defendant, UNITED AUTOMOBILE INSURANCE COMPANY, attorney’s fees in the amount of $23,126.00, taxable costs in the amount of $380.00 and accrued interest in the amount of $1,233.69, the aggregate amount of which totals $24,739.69.

3. That Plaintiff’s expert witness, Marc Goldman, Esquire, shall recover of and from Defendant, UNITED AUTOMOBILE INSURANCE COMPANY expert witness fees in the amount of $1,000.00.

4. That interest shall accrue on the foregoing sums at the rate of nine percent (11%) per annum until such sums are fully satisfied, all for which let execution issue.

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