20 Fla. L. Weekly Supp. 807a
Online Reference: FLWSUPP 2008EDOUInsurance — Personal injury protection — Attorney’s fees — Amount
PAN AM DIAGNOSTIC OF ORLANDO, as assignee of Enock Edouard, Plaintiff, v. EQUITY INSURANCE COMPANY, Defendant. County Court, 9th Judicial Circuit in and for Orange County. Case No. 2011-SC-002310-O. May 23, 2013. Faye L. Allen, Judge. Counsel: Robert D. Bartels, Bradford Cederberg, P.A., Orlando, for Plaintiff. Heather Harwell, Law Office of Heather Harwell, P.A., Land O’Lakes, and Nadine Gabay-Babyack, Windhaven Managers, Inc., Miami, for Defendant.FINAL JUDGMENT
THIS CAUSE came to be heard on Thursday, May 23, 2013, upon Plaintiff’s Motion to Tax Attorney’s Fees and Costs Pursuant to Section 627.428, Florida Statutes, and the Court having heard testimony, argument and examined the Court file, makes the following findings:
ORDERED AND ADJUDGED that:
1. This case involved a claim for PIP benefits arising out of an automobile accident that occurred on March 16, 2009. The insured/assignor, Enock Edouard, sustained injuries arising out of the accident and sought treatment from the Plaintiff, PAN AM DIAGNOSTIC OF ORLANDO. The insured assigned his PIP insurance benefits to the Plaintiff. The Plaintiff billed the Defendant, EQUITY INSURANCE COMPANY, for medical treatment rendered. The Defendant refused or failed to pay the subject bills based on an IME. Thereafter, the Plaintiff submitted a pre-suit demand letter to the Defendant. The Defendant responded to the pre-suit demand letter by stating that “[p]lease be advised the PIP benefits were suspended as of 4/20/09 as a result of Dr. Craig Mayer, DC Independent Medical Examination.” Thereafter, the Plaintiff filed this suit alleging that the Defendant improperly denied its medical billings, seeking to recover amounts due, together with interest. Following the filing of suit and discovery, the Defendant agreed to pay the benefits due, together with interest. The Defendant stipulated that the Plaintiff was entitled to an award of reasonable attorneys’ fees and costs.
2. The court has based its decision on and applied the factors contained in Standard Guaranty Ins. Co. v. Quanstrom, 555 So. 2d 828 (Fla. 1990); 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). The Court also considered the Supreme Court of Florida’s ruling in Amer Us Life Ins. Co. v. Lait, 2 So. 2d 3d 203 (Fla. 2009) [34 Fla. L. Weekly S49a].
3. NUMBER OF HOURS:The Court finds that Plaintiff’s counsel, BRADFORD CEDERBERG, P.A. reasonably expended a TOTAL of 41.2 hours representing the Plaintiff in this cause, broken down as follows:
Mark A. Cederberg, Esquire, reasonably expended 19.5 hours in representing the Plaintiff in this cause; and
Robert D. Bartels, Esquire, reasonably expended 21.3 hours in representing the Plaintiff in this cause.
David B. Alexander, Esquire, reasonably expended .4 hours in representing the Plaintiff in this cause.
4.HOURLY RATE:The Court finds a reasonable hourly rate for Mark A. Cederberg, Esquire is $450, a reasonably hourly rate for Robert D. Bartels, Esquire, is $450, and a reasonably hourly rate for David B. Alexander, Esquire, is $425.
5. TAXABLE COSTS: The Court finds that Plaintiff’s counsel, Mark A. Cederberg, Esquire, incurred reasonable costs in the amount of $411.42 during his representation of Plaintiff in this cause.
6. PREJUDGMENT INTEREST: The Court finds that pre-judgment interest is due to Plaintiff’s counsel on the attorneys’ fees and costs from September 4, 2012, (date of settlement of the underlying claim), until the entry of this Final Judgment. Quality Engineered Installing, Inc. v. Higley South, Inc., 670 So. 2d 929 (Fla. 1996) [21 Fla. L. Weekly S141a]; and Boulis v. Florida Department of Transportation, 733 So.2d 959 (Fla. 1999) [24 Fla. L. Weekly S150c].
7. EXPERT WITNESS FEE: Plaintiff’s expert witness on attorney’s fees, Kevin Weiss, Esquire, is entitled to be compensated for the time expended in preparing to testify and testifying in this case. Mr. Weiss reasonably expended 9 hours in this case and a reasonable hourly rate for Mr. Weiss is $450 per hour, for a total expert fee of $4,050. See Travieso v. Travieso, 474 So.2d 1184 (Fla.1985); Stokus v. Phillips, 651 So.2d 1244 (Fla. 2d DCA 1995) [20 Fla. L. Weekly D627c]; and Mangel v. Bob Dance Dodge, Inc., 739 So.2d 720 (Fla. 5th DCA 1999) [24 Fla. L. Weekly D2106a].
WHEREFORE, it is hereby ORDERED AND ADJUDGED:
1. That Plaintiff’s Motion to Tax Attorneys’ Fees and Costs of the Plaintiff is hereby GRANTED.
2. Plaintiff shall take from Defendant the TOTAL SUM shown below as attorneys’ fees and costs for prosecution of this claim for which let the execution issue forthwith.
Total Attorneys’ Fees $18,530.00
Total Costs $411.42
Interest on Attorneys’ Fees $627.04
Expert Witness Fees $4,050.00
TOTAL SUM* $23,618.46
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*Post-judgment interest of 4.75% per annum shall be due on this judgment pursuant to Fla. Stat. §55.03 forthwith.
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