20 Fla. L. Weekly Supp. 448a
Online Reference: FLWSUPP 2004DRIGInsurance — Attorney’s fees — Appellate fees — Amount — Expert witness fees, costs and prejudgment interest awarded
HEALTH DIAGNOSTIC OF ORLANDO, LLC d/b/a STAND UP MRI OF ORLANDO, a/a/o JANICE DRIGGERS, Plaintiff, vs. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant. County Court, 17th Judicial Circuit in and Broward County. Case No. 10-12421 CONO 73. December 3, 2012. Steve P. Deluca, Judge. Counsel: Kevin B. Weiss, Weiss Legal Group, P.A., Maitland, and Andrew J. Weinstein & Associates, P.A., Coral Springs, for Plaintiff. Nancy W. Gregoire, Kirschbaum, Birnbaum, Fort Lauderdale, and Michael A. Rosenberg, Roig, Tutan, Deerfield Beach, for Defendants.
FINAL JUDGMENT AWARDING ATTORNEY’SFEES AND COSTS AGAINST STATE FARMMUTUAL AUTOMOBILE INSURANCE COMPANY
THIS CAUSE came on to be heard on the Plaintiff’s Motion to Tax Appellate Attorney’s Fees and Costs of Kevin B. Weiss, and the Court, having reviewed the court file, heard argument and considered the evidence, finds the following:
1. During the pendency of the lawsuit, the Defendant filed an interlocutory appeal to the Appellate Division of the Circuit Court. While on appeal, the Defendant filed a “Notice of Voluntary Dismissal” of the appeal, making the Plaintiff the prevailing party in theappeal. The Defendant also stipulated to the Plaintiff’s entitlement to reasonable fees and costs for the work in the appeal.
2. The Court finds that Mr. Weiss reasonably expended 21.6 hours in representing the Plaintiff on appeal 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. The Court finds that a reasonable hourly rate to be paid by the Defendant to Plaintiff’s counsel, Kevin B. Weiss, is $450.00 per hour.
4. That based upon this Court’s determination, the attorney’s fees (lodestar calculation) that the Plaintiff’s appellate counsel is entitled to recover from the Defendant is $9,720.00.
5. That Plaintiff’s counsel, Kevin B. Weiss, incurred reasonable costs in the amount of $100.00 during his representation of the Plaintiff in this case.
6. The testimony of the Plaintiff’s expert witness, Cris Evan Boyar, Esq., has assisted the Court and Mr. Boyer is entitled to be compensated for the time he expended in preparing to testify and testifying in this case. Mr. Boyer expended 3 hours in this case, and a reasonable hourly rate for Mr. Boyer 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].
7. That prejudgment interest at 4.75% per annum is due to Plaintiff’s counsel on the attorney fee and costs from January 13, 2012 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 $411.49
WHEREFORE, it is hereby ORDERED AND ADJUDGED:
1. That Plaintiff’s Motion to Tax Appellate Attorney’s Fees and Costs of Kevin B. Weiss is hereby GRANTED.
2. That Plaintiff’s counsel, Kevin B. Weiss, does have and recovers from the Defendant, State Farm Mutual Automobile Insurance Company, a reasonable attorney’s fee in the amount of $9,720.00 and costs in the amount of $100.00 for a total sum of $9,820.00, together with prejudgment interest in the amount of $411,49. Mr. Boyer is entitled to an expert witness fee of $1,275.00. The total amount due in this Final Judgment shall be $11,506.49. Post-Judgment interest shall be paid on this Final Judgment pursuant to Fla. Stat. Section 55.03. Execution shall issue forthwith as to the sums awarded in this Final Judgment.
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