19 Fla. L. Weekly Supp. 1027b
Online Reference: FLWSUPP 1912WALTInsurance — Attorney’s fees — Amount
SYBIL G. WALTERS, Plaintiff, vs. WINDHAVEN INSURANCE COMPANY, Defendant. County Court, 9th Judicial Circuit in and for Orange County. Case No. 2011-CC-008175-O. July 24, 2012. Faye Allen, Judge.
ORDER ON PLAINTIFF’S MOTION FORATTORNEY’S FEES AND COSTS
THIS CAUSE was heard before the Court for on Tuesday, July 24, 2012, on Plaintiff’s Motion for Attorney’s Fees and Costs. The Court has considered the testimony submitted in evidence by counsel for the Plaintiff and Defendant. The Court has also considered the expert testimony presented by both Plaintiff and Defendant regarding a reasonable fee, reasonable number of hours expended and whether a multiplier should be applied in the present case. Based on all the foregoing, the Court hereby makes the following findings of fact and conclusions of law:
1. Plaintiff’s attorney is entitled to a reasonable attorney’s fee and costs incurred in the prosecution of the above-styled cause.
2. The attorney for the Plaintiff in this case is BERT E. UEBELE, IV.
3. The reasonable hours expended during the prosecution of the Plaintiff’s case by BERT E. UEBELE, IV, ESQUIRE, shall be 16.4 hours.
4. A reasonable hourly rate for BERT E. UEBELE, IV, ESQUIRE, shall be $400.00 per hour.
5. As to Tom Player, Plaintiff’s expert witness:
a. Plaintiff, Sybil Grant Walters is entitled to recover the expert witness fee of attorney Tom Player, based upon the holding and reasoning contained in the case of Travieso v. Travieso, 474 So. 2d 1184 (Fla. 1985); and that
b. 6.0 hours is a reasonable amount of hours; and
c. $450- per hour is a reasonable hourly rate.
6. The expert witness fees that Plaintiff is entitled to recover on behalf of his expert witness for testimony before the trial court is $2,700.00.
7. The Court has also considered the cost evidence submitted by the Plaintiff in this case. The Plaintiffs attorney is entitled to reasonable costs in the amount of $722.81.
WHEREFORE, IT IS ORDERED AND ADJUDGED as follows:
A. Plaintiff is entitled to a reasonable attorney’s fee, expert’s fee and costs as outlined above.
B. Defendant shall pay the foregoing amounts to counsel for the Plaintiff within 25 days of the entry of this Order.
* * *
