19 Fla. L. Weekly Supp. 1023a
Online Reference: FLWSUPP 1912WALKInsurance — Attorney’s fees — Amount
RONALD WALKER, Plaintiff, vs. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant. County Court, 5th Judicial Circuit in and for Lake County. Case No. 2011-CC-002104. June 6, 2012. Honorable Terry Neal, Judge. Counsel: David A. Spain, Orlando, for Plaintiff. Ayenn C. Stark, Orlando, for Defendant.
ORDER ON PLAINTIFF’S MOTION FORATTORNEYS FEES AND COSTS
THIS CAUSE WAS HEARD before the Court on June 6, 2012, at 3:00 p.m. on Plaintiff’s Motion for Attorney’s Fees and Costs. The Court has considered the testimony submitted into evidence by counsel for the Plaintiff and Defendant. Based on all the foregoing, the Court hereby makes the following findings of fact and conclusions of law:
1. Plaintiff’s Attorney, David A. Spain, is entitled to reasonable attorney’s fees and costs incurred in the prosecution of the above styled case based upon the holding and reasoning in Standard Guaranty Insurance Co v. Quanstrom, 555 So. 2d. 828 (Fla. 1990) and Ivey v. Allstate Insurance Company, 25 Fla. L. Weekly S1103a (Fla. December 7, 2000).
2. The reasonable hours expended in this case by David A. Spain shall be 98.6 hours.
3. In light of the evidence presented, a reasonable hourly rate for David A. Spain shall be $350.00/ per hour.
5. The Court considered the cost affidavit submitted by the Plaintiff in this case. Morgan & Morgan shall be entitled to reasonable costs of $3,785.79.
6. Plaintiff shall recover $38,295.79/000 in attorneys fees and costs from the Defendant.
7. Plaintiff is entitled to recover the expert witness fee of Heath Nailos, Esq., based upon the holding in the case of Travesio v. Travesio, 474 So. 2d 1184 (Fla. 1985); and that the reasonable amount of hours is 7.0 and the reasonable hourly rate for Mr. Nailos is $300.00 per hour.
8. Plaintiff’s expert witness, Heath Nailos, Esq. shall recover $2,100.00/ for the time he has expended as an expert in this matter.
9. Defendant shall pay the foregoing amounts to counsel for Plaintiff within (20) days of the entry of this Order.
10. The Court shall reserve jurisdiction for entry of a final judgment as to attorney’s fees and costs.
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