22 Fla. L. Weekly Supp. 718a
Online Reference: FLWSUPP 2206GUTIInsurance — Personal injury protection — Attorney’s fees — Amount
EMERGENCY MEDICINE PROFESSIONALS, P.A., as assignee of Eric Gutierrez, Plaintiff, v. MGA INSURANCE COMPANY, INC., Defendant. County Court, 7th Judicial Circuit in and for Volusia County. Case No. 2014 30730 COCI. November 13, 2014. Dawn P. Fields, Judge.
FINAL JUDGMENT AWARDINGATTORNEYS’ FEES AND COSTS
THIS CAUSE came to be heard on November 4, 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 April 14, 2013. Following the subject accident, the insured/assignor, Eric Gutierrez, presented to the Emergency Department at Bert Fish Medical Center for evaluation and treatment. In the Emergency Department, Mr. Gutierrez received emergency services and care from the Plaintiff, EMERGENCY MEDICINE PROFESSIONALS, P.A. Mr. Gutierrez assigned his PIP insurance benefits to the Plaintiff. The Plaintiff billed Mr. Gutierrez’ auto insurance carrier, Defendant, MGA INSURANCE COMPANY, INC. for the emergency services and care rendered. The Defendant did not pay the bill, contending that the bill was applied to the insured’s $1,000.00 PIP deductible. Thereafter, the Plaintiff submitted a pre-suit demand letter to the Defendant again seeking payment of the bill at issue. The Defendant again did not pay the bill and stood by its application of the Plaintiff’s bill to the deductible. The Plaintiff then filed this suit alleging that the Defendant improperly applied the Plaintiff’s bill to the deductible and seeking to recover the amount due, together with interest. Following the filing of this suit, the Defendant agreed to pay the benefits due, together with interest.
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 Plaintiff’s counsel, BRADFORD CEDERBERG, P.A. reasonably expended a TOTAL of 9.6 hours representing the Plaintiff in this cause, broken down as follows:
The Court finds that Plaintiff’s counsel, Mark A. Cederberg, Esquire, reasonably expended 2.8 hours in representing the Plaintiff in this cause;
The Court finds that Plaintiff’s counsel, Amanda H. Reher, Esquire, reasonably expended 6.5 hours in representing the Plaintiff in this cause; and
The Court finds that Plaintiff’s counsel, William S. England, Esquire, reasonably expended .3 hours representing the Plaintiff in this cause.
Plaintiff served discovery requests with the Complaint in this Small Claims case, without leave of court and before Defendant was represented by counsel. Accordingly, the Court finds that pursuant to Fla. Sm. Cl. R. 7.020(b), Plaintiff is not entitled to be reimbursed for discovery requests served with the Complaint.
4. HOURLY RATE: The Court finds a reasonable hourly rate for Mark A. Cederberg, Esquire in this case is $450.00; a reasonable hourly rate for Amanda H. Reher, Esquire in this case is $400.00; and a reasonable hourly rate for William S. England, Esquire in this case is $275.00.
5. TAXABLE COSTS: Pursuant to the parties’ stipulation, the Court finds that Plaintiff’s counsel, incurred reasonable, taxable costs in the amount of $114.11 during its representation of the Plaintiff in this case.
6. PREJUDGMENT INTEREST: That prejudgment interest is due to Plaintiff’s counsel on the attorneys’ fees and costs from March 26, 2014, (the date of settlement of 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, Kimberly P. Simoes, Esquire, is entitled to be compensated for the time expended in preparing to testify and testifying in this case. Ms. Simoes reasonably expended 8.0 hours in this case and a reasonable hourly rate for Ms. Simoes is $450.00 per hour, for a TOTAL expert fee of $3,600.00. 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.
Attorneys’ Fees $3,942.50
Costs $ 114.11
Interest on attorney’s fees $ 117.73
Expert Witness Fees $3,600.00
TOTAL SUM* $7,774.34
*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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