17 Fla. L. Weekly Supp. 61a
Online Reference: FLWSUPP 1701SMI2Insurance — Personal injury protection — Attorney’s fees — Award of attorney’s fees for time spent proving entitlement to fees and costs
FLORIDA EMERGENCY PHYSICIANS KANG & ASSOCIATES, M.D., P.A., as assignee of DARYL SMITH, Plaintiff, vs. PROGRESSIVE CASUALTY INSURANCE COMPANY, Defendant. County Court, 18th Judicial Circuit in and for Seminole County. Case No. 04-SC-4262. October 5, 2009. Donald L. Marblestone, Judge. Counsel: Kevin B. Weiss, Maitland, for Plaintiff. Michael C. Clarke, Kubicki Draper, P.A., Tampa.
FINAL JUDGMENT AWARDING ATTORNEY’S FEES AND COSTS AGAINST PROGRESSIVE CASUALTY INSURANCE COMPANY
THIS CAUSE came on to be heard on the Plaintiff’s Motion to Tax Post-Judgment Attorney’s Fees and Costs of Kevin B. Weiss, and the Court having heard testimony, argument, and examined the Court file, the Court makes the following findings of fact:
1. That this Court awarded Plaintiff’s counsel, Kevin B. Weiss, Esquire, entitlement to attorney’s fees in a Final Judgment dated July 15, 2009 [16 Fla. L. Weekly Supp. 895c]. The award of attorney’s fees by this Court was related to Mr. Weiss’s appellate work. The Defendant, Progressive Casualty Insurance Company, had denied entitlement to Mr. Weiss’s attorney’s fees related to his appellate work. Within 30 days of the Final Judgment, Mr. Weiss filed “Plaintiff’s Motion to Tax Post-Judgment Costs and Attorney’s Fees to Kevin B. Weiss, Esq.”
2. This Court finds that Mr. Weiss is entitled to reasonable attorney’s fees and costs for the time spent having to prove his entitlement to attorney’s fees and costs. State Farm Fire & Cas. Co. v. Palma, 629 So. 2d 830 (Fla. 1993).
3. The court finds that Mr. Weiss is entitled to 18 hours at the hourly rate of $375.00, for a total fee award of $6,750.00.
WHEREFORE, it is hereby ORDERED AND ADJUDGED:
1. That Plaintiff’s Motion to Tax Post-Judgment Attorney’s Fees and Costs is hereby GRANTED.
2. That Plaintiff’s counsel, Kevin B. Weiss, does have and recovers from the Defendant, Progressive Casualty Insurance Company, a reasonable attorney’s fee in the amount of $6,750.00 and costs in the amount of $0 for a total sum of $6,750.00 together with prejudgment interest in the amount of $0 for which let execution issue forthwith.
