19 Fla. L. Weekly Supp. 888a
Online Reference: FLWSUPP 1910BACAInsurance — Attorney’s fees — Counsel for medical provider is entitled to attorney’s fees and costs for post-judgment work related to collection activities and proving entitlement to fees and costs
ALL CARE CHIROPRACTIC & WELLNESS CENTER, INC., As assignee of STEVEN BACAK, Plaintiff, vs. MGA INSURANCE COMPANY, INC., Defendant. County Court, 18th Judicial Circuit in and for Seminole County. Case No. 2011-CC-1321. June 12, 2012. Honorable Donald L. Marblestone, Judge. Counsel: Kevin B. Weiss, Weiss Legal Group, P.A., Maitland, and Mark Cederberg, Bradford Cederberg, P.A., Orlando, for Plaintiffs. Robert M. Lyerly, Masten, Lyerly, et. al., Orlando, for Defendant.
FINAL JUDGMENT AWARDING POST-JUDGMENTATTORNEY’S FEES AND COSTS TO KEVIN B. WEISS
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 Plaintiff’s counsel, Kevin B. Weiss, Esquire, is entitled to recover reasonable attorney’s fees and costs for post-judgment work related to his collection activities and related to having to prove entitlement to attorney’s fees and costs.
2. That Mr. Weiss reasonably expended 43.6 hours in representing the Plaintiff in this cause.
3. This Court has considered the factors set forth in Florida Patient’s Compensation Fund v. Rowe, 472 So. 2d 1145 (Fla. 1985), as well as The Florida Rules of Professional Conduct Rule 4-1.5. A reasonable hourly rate to be paid by the Defendant to Plaintiff’s counsel, Kevin B. Weiss, is $450 per hour.
4. That based upon this Court’s determination, the total attorney’s fees that the Plaintiff is entitled to recover from the Defendant for the services of his attorney, Kevin B. Weiss, before this
Court is $19,620.
5. That Plaintiff’s counsel, Kevin B. Weiss, incurred reasonable costs in the amount of $30.00 during his representation of the Plaintiff in this case.
6. Plaintiff’s expert witness, Glenn Klausman, Esq., is entitled to be compensated for the time he expended in preparing to testify and testifying in this case. Mr. Klausman expended 6.5 hours in this case, and a reasonable hourly rate for Mr. Klausman is $500.00 per hour. See Travieso v. Travieso, 474 So. 2d 1184 (Fla. 1985), Mangel v. Bob Dance Dodge, Inc., 739 So. 2d 720 (Fla. 5th DCA 1999) [24 Fla. L. Weekly D2106a], and Stokus v. Phillips, 651 So.2d 1244 (Fla. 2d DCA 1995) [20 Fla. L. Weekly D627c].
7. That prejudgment interest at 4.75% per annum is due to Plaintiff’s counsel on the attorney fee and costs from 5/2/12 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 $76.60.
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, MGA Insurance Company, Inc., a reasonable attorney’s fee in the amount of $19,620 and costs in the amount of $30.00 for a total sum of $19,726.60, together with prejudgment interest in the amount of $76.60 for which let execution issue forthwith.
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