19 Fla. L. Weekly Supp. 378a
Online Reference: FLWSUPP 1905MAURInsurance — Personal injury protection — Attorney’s fees — Amount — Expert witness fees, costs and prejudgment interest awarded
MAURICIO CHIROPRACTIC CLINICS, P.A. as assignee of MARGARITA GARCIA, Plaintiff, vs. MAPFRE INSURANCE COMPANY OF FLORIDA, Defendant. County Court, 9th Judicial Circuit in and for Orange County. Case No. 2011-SC-6141. December 6, 2011. Honorable Heather L. Higbee, Judge. Counsel: Kevin B. Weiss, Weiss Legal Group, Maitland, for Plaintiff.
FINAL JUDGMENT AWARDING ATTORNEY’SFEES AND COSTS AGAINST MAPFREINSURANCE COMPANY OF FLORIDA
THIS CAUSE came on to be heard on the Plaintiff’s Motion to Tax Attorney’s Fees and Costs of Kevin B. Weiss, and the Court, having heard argument and having reviewed the court file, finds the following:
1. The Plaintiff filed an action for PIP benefits against Mapfre Insurance Company of Florida (“Mapfre”). Subsequent to the filing of the lawsuit, Mapfre confessed to judgment by agreeing to pay the disputed PIP benefits.
2. On October 18, 2011, the Plaintiff filed its motion for attorney’s fees and costs.
3. As a result of the Defendant’s confession of judgment, this Court finds that Mr. Weiss is entitled to reasonable attorney’s fees and costs pursuant to Fla. Stat. Section 627.428.
4. The Court has based its decision on and applied the factors contained in Florida Patient’s Compensation Fund v. Rowe, 472 So.2d 1145 (Fla. 1985); and Bell v. U.S.B. Acquisition Company, Inc., 734 So.2d 403 (Fla. 1999) [24 Fla. L. Weekly S220a].
5. The Court finds that Mr. Weiss reasonably expended 9.7 hours in representing the Plaintiff in this cause.
6. A reasonable hourly rate to be paid by the Defendant to Plaintiff’s counsel, Kevin B. Weiss, is $450.00 per hour.
7. Prejudgment interest is due to Plaintiff’s counsel on the attorney’s fees and costs from 10/17/11, for a total of 50 days until the entry of this final judgment. Quality Engineered Installation, Inc. v. Higley South, Inc.,670 So.2d 929 (Fla. 1996) [21 Fla. L. Weekly S141a], for a total amount of $28.40.
8. Based upon this Court’s determination, the total attorney’s fees that the Plaintiff is entitled to recover from the Defendant is $4,393.40.
9. That Plaintiff’s counsel, Kevin B. Weiss, incurred taxable costs in the amount of $375.00 during his representation of the Plaintiff in this case.
10. Plaintiff’s expert witness, Michael B. Brehne, Esq., is entitled to be compensated for the time he expended in preparing to testify and testifying in this case. Mr. Brehne expended 3.5 hours in this case, and a reasonable hourly rate for Mr. Brehne is $425.00 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].
WHEREFORE, it is hereby ORDERED AND ADJUDGED:
1. That Plaintiff’s Motion to Tax Attorney’s Fees and Costs is hereby GRANTED.
2. That Plaintiff’s counsel, Kevin B. Weiss, does have and recovers from the Defendant, Mapfre Insurance Company of Florida, a reasonable attorney’s fee in the amount of $4,365.00 and costs in the amount of $375.00 for a total sum of $4,740.00, together with prejudgment interest in the amount of $28.40 for which let execution issue forthwith.
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