17 Fla. L. Weekly Supp. 32a

Online Reference: FLWSUPP 1701DOMIInsurance — Attorney’s fees — Amount — Costs, expert witness fee and prejudgment interest awarded

FLORIDA MEDICAL & INJURY CENTER, INC., as assignee of Yalimar Dominguez, Plaintiff, vs. FIRST ACCEPTANCE INSURANCE COMPANY, INC., Defendant. County Court, 9th Judicial Circuit in and for Osceola County. Case No. 08-SC-1914. August 11, 2009. Ronald A. Legendre, Judge. Counsel: Michael Tierney, Winter Park, for Plaintiff. Jeffrey K. Davis, St. Petersburg. Kevin Weiss, Maitland.

FINAL JUDGMENT AWARDING ATTORNEY’S

FEES AND COSTS

THIS CAUSE came onto be heard on 8/11/09, Plaintiff’s Motion to Tax Attorney’s Fees and Costs, and the Court having heard testimony, argument and examined the Court file, the Court makes the following findings of fact:

1. Based on this Court’s determination, the total attorney’s fees that the Plaintiff is entitled to recover from the Defendant for the services of its attorney is follows:

 Attorney                  Reasonably Expended hour                                         Reasonable hourly rate Michael Tierney, Esq.             23.4 (Hours)                                        $325.00 (per hour) = $7,605.00 Andrea De Sola, Esq.                .3 (Hours)                                        $150.00 (per hour) = $45.00 Mark Interlicchio, Esq.             .7 (Hours)                                        $200.00 (per hour) = $140.00 Andras Cziotka, Esq.                .4 (Hours)                                        $150.00 (per hour) = $60.00                                        SUBTOTAL                                       $7,850.00 

2. The Court finds that Plaintiff’s attorney undertook the representation of the Plaintiff pursuant to a pure contingency fee agreement as defined in State Farm v. Palma, 555 So.2d 836.

3. The Court has considered all of the factors or criteria set forth in Florida Patient’s Compensation Fund v. Rowe, 472 So. 2d 1145 as well as Standard Guaranty Insurance Company v. Quanstrom, 555 So. 2d 818.

4. The Court considered the testimony of Plaintiff’s expert fee witness for their service as follows:

 Expert Witness            Reasonable Hours (# of hours)             Reasonable hourly (hourly rate)            Total Kevin Weiss, Esq.                       6                             $375.00                               $2,250.00 

Plaintiff is entitled to an expert witness cost award $2,250.00. Mangel v. Bob Dance Dodge, Inc., (5thDCA 9-10-99) [24 Fla. L. Weekly D2106]; Straus v. Morton, 478 So. 2d 472. Plaintiff is entitled to tax this cost against the Defendant.

5. In addition Plaintiff’s counsel, Michael Tierney, incurred reasonable costs in the amount of $193.15 (amount of Costs) during the representation of the Plaintiff in this case.

6. Prejudgment interest at 8% per annum is due to Plaintiff’s counsel on the attorney’s fees and costs from 6/19/09 (date of settlement) (53-days from Settlement 6/19/09 until today 8/11/09) until the entry of this final judgment pursuant to Quality Engineering, Inc. v. Higley South, Inc., 670 So.2d 929. Thus, the total amount of prejudgment interest due is $91.19.

WHEREFORE, it is hereby ORDERED AND ADJUDGED:

1. Plaintiff’s Motion to Tax Attorney’s Fees and Costs is hereby GRANTED.

2. The court enters Judgment in favor of the Plaintiff FLORIDA MEDICAL & INJURY CENTER INC, 1400 West Oak Street, Suite A, Kissimmee, FL 34741 and against the Defendant FIRST ACCEPTANCE INSURANCE COMPANY, INC., as follows:

 PIP Contact Name                       JUAN RODRIGUEZ PIP Address                            4511 N. HIMES AVENUE, SUITE 180                                        TAMPA, FL 33614     Add amount from paragraph #1 $7,850.00 (Attorney's fees)     Add amount from paragraph #4 $2,250.00 (Expert witness's fees)     Add amount from paragraph #5 $193.15 (Costs)     Add amount from paragaph #6 $91.19 (Interest Due)        GRAND TOTAL $10,384.34 

Payable to Michael Tierney, P.A. to bear interest at 8% per annum, for which let execution issue forthwith.