20 Fla. L. Weekly Supp. 288a
Online Reference: FLWSUPP 2003OBETInsurance — Personal injury protection — Attorney’s fees
HEALTH-AIDE PAIN & WEIGHT MANAGEMENT, INC., a/a/o Olga Betancourt, Plaintiff, v. ALLSTATE PROPERTY & CASUALTY INSURANCE COMPANY, Defendant. County Court, 13th Judicial Circuit in and for Hillsborough County, General Civil Division. Case No. 10-CC-033799, Division H. Honorable Margaret T. Courtney, Judge. Counsel: Thomas J. Dandar, Dandar & Dandar, P.A., Tampa, for Plaintiff. Chad C. Guzzo, Masten, Peterson & Denbo, LLC, Tampa, for Defendant.
FINAL JUDGMENT AWARDING PLAINTIFF’SATTORNEY’S FEES AND COSTS
THIS CAUSE, having come for consideration upon Plaintiff’s Motion to Tax Attorney Fees and Costs, and the Court having heard testimony, argument and examined the Court file, the Court makes the following findings of fact:
1. The subject lawsuit involves Defendant, Allstate Property & Casualty Insurance Company’s, denial of Personal Injury Protection (“PIP”) benefits for a September 18, 2009 motor vehicle accident involving Plaintiff, Health-Aide Pain & Weight Management, Inc.’s, assignor, Olga Betancourt.
2. During the litigation of this matter, the parties settled Plaintiff’s lawsuit, Defendant paid the PIP benefits and interest sought by Plaintiff, and Defendant stipulated to Plaintiff’s entitlement to attorney’s fees and costs on June 11, 2012. However, the parties disputed the amount of attorney’s fees and costs due and owing.
3. On November 14, 2012, a hearing was held on Plaintiff’s Motion to Tax Attorney Fees and Costs, in which each side presented evidence, including testimony of Plaintiff’s counsel and each side’s expert witness.FINDINGS
4. Plaintiff’s counsel, Thomas J. Dandar, Esquire, expended 30.5 hours as a reasonable number of hours.
5. The reasonable attorney’s fee rate for Thomas J. Dandar, Esquire is $300.00 per hour.
6. Accordingly, the lodestar is $9,150.00 (30.5 hours x $300.00 per hour).
7. The parties stipulated to Plaintiff’s costs of $348.44.
8. Prejudgment interest is due to Plaintiff on the attorney’s fees and costs from June 11, 2012 (the date Defendant stipulated to Plaintiff’s entitlement to attorney’s fees and costs) at the rate of 4.75% per annum until the date of this final judgment.
9. The parties also stipulated to Plaintiff’s expert witness’ fee of 4 hours at the rate of $375.00 per hour for a total of $1,500.00.RULING
10. Plaintiff’s Motion to Tax Attorney’s Fees and Costs is hereby GRANTED.
11. Plaintiff shall take from Defendant the TOTAL SUM shown below as attorney’s fees and costs for prosecution of this lawsuit for which let execution issue forthwith.
Attorney’s Fees $9,150.00
Costs $348.44
Prejudgment Interest $216.32
Expert Witness Fees $1,500.00
TOTAL SUM* $11,214.76
* The TOTAL SUM shall bear interest from the date of this final judgment forward at the prevailing statutory interest rate of 4.75% per annum in accordance with Florida statutes.
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