21 Fla. L. Weekly Supp. 597b

Online Reference: FLWSUPP 2106ANZOInsurance — Personal injury protection — Attorney’s fees — Amount

PHOENIX EMERGENCY MEDICINE OF BROWARD, LLC, as assignee of Mayra Anzola, Plaintiff, v. WINDHAVEN INSURANCE COMPANY, Defendant. County Court, 18th Judicial Circuit in and for Seminole County. Case No. 2012-SC-1123. February 17, 2014. Jerri L. Collins, Judge. Counsel: David B. Alexander, Orlando, for Plaintiff. Nadine Gabay-Babyack, for Defendant.

FINAL JUDGMENT AWARDINGATTORNEYS’ FEES AND COSTS

THIS CAUSE came to be heard on February 10, 2014, upon the Plaintiff’s Motion to Tax Attorneys’ Fees and Costs Pursuant to Section 627.428, Florida Statutes, and the Court having heard testimony, argument and examined the Court file, the Court makes the following findings:

1. This case involved a claim for PIP benefits arising out of an automobile accident of 9/13/2011. The insured, Mayra Anzola, was alleged to have sustained injuries arising out of the accident, and sought emergency services and care from the Plaintiff, PHOENIX EMERGENCY MEDICINE OF BROWARD, LLC. The insured assigned his PIP insurance benefits to the Plaintiff. The Plaintiff billed the Defendant, WINDHAVEN INSURANCE COMPANY, for medical treatment rendered. The Defendant did not pay the bill. Thereafter, Plaintiff filed this suit alleging that the Defendant improperly denied its medical billings, seeking to recover the amounts due, together with interest. Following the filing of suit, the pretrial conference occurred on May 30, 2012. The Defendant failed to appear at said pretrial conference and a Default was entered against Defendant. On October 26, 2012, the Court entered Final Judgment against Defendant in this cause.

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) [24 Fla. L. Weekly S220a].

3. NUMBER OF HOURS: The court finds that the Plaintiff’s counsel, David B. Alexander reasonably expended 15 hours representing the Plaintiff in this cause; Steven G. Dell, Esquire reasonably expended .1 hours representing the Plaintiff in this cause.

4. HOURLY RATE:

The Court finds a reasonable hourly rate for David B. Alexander in this case is $ 425.00 .

The Court finds a reasonable hourly rate for Steven G. Dell in this case is $ 375.00 .

5. TAXABLE COSTS: The Court finds that the Plaintiff’s counsel, incurred reasonable costs in the amount of $ 205.95 during its representation of the Plaintiff in this case.

6. PREJUDGMENT INTEREST: That prejudgment interest is due to Plaintiff’s counsel on the attorney’s fees and costs from October 26, 2012, (the date of Final Judgment on the underlying claim), until the entry of this final judgment. Quality Engineered Installation, 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 attorneys’ fees, Kevin B Weiss, Esquire, is entitled to be compensated for the time expended in preparing to testify and testifying in this case. Kevin B Weiss reasonably expended 4 hours in this case, and a reasonable hourly rate for Kevin B Weiss is $ 450.00 per hour, for a total expert fee of $ 1,800 . 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 attorney’s fees and costs for prosecution of this claim for which let the execution issue forthwith.

Attorney’s Fees $ 6,412.50

Costs $ 205.95

Interest on attorney’s fees $ 98.96

Expert Witness Fees $ 1,800.00

TOTAL SUM* $ 8,517.41

* The total sum shall bear interest at the prevailing statutory interest rate of 4.75 % per year from this date through December 31 of this current year, for which let execution issue. Thereafter, on January 1 of each succeeding year until the judgment is paid, the interest rate will adjust in accordance with section 55.03, Florida Statutes.

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