22 Fla. L. Weekly Supp. 610b
Online Reference: FLWSUPP 2205HUFFInsurance — Personal injury protection — Attorney’s fees
PAUL HUFF, Plaintiff, vs. STATE FARM FIRE & CASUALTY COMPANY, Defendant. County Court, 9th Judicial Circuit in and for Orange County. Case No. 2011-CC-12284-O. December 1, 2014. Honorable Andrew L. Cameron, Judge. Counsel: Hans Kennon, Morgan & Morgan, P.A., Orlando, for Plaintiff. Matthew J. Corker, Conroy, Simberg, Ganon, Krevans, Abel, et. al., Orlando, Defendant.
[Editor’s note: Order granting Motion for Final Summary Judgment published at 22 Fla. L. Weekly Supp. 117b.]
FINAL JUDGMENT FOR PLAINTIFF’SATTORNEYS FEES AND COSTS
THIS CAUSE came before the Court on Plaintiff’s Motion for Attorney’s Fees and Costs, and the Court having heard testimony, having had the opportunity to observe and evaluate the demeanor and credibility of the witnesses, having received evidence presented and having heard argument by Counsel for the Plaintiff and the Defendant, makes the following findings of fact and conclusions of law:
1. The parties have not stipulated that Plaintiff’s Attorney, Hans Kennon, Esquire, of Morgan & Morgan, P.A., is entitled to reasonable attorney’s fees and costs incurred in the prosecution of the above styled case. Court entered Final Summary Judgment on Plaintiff’s Motion for Final Summary Judgment on Plaintiff’s action for declaratory Judgment on June 27, 2014 and no appeal has been taken by the Defendant.
2. The Court has based its decision on and applied the factors contained in Standard Guaranty Insurance Co. v. Quanstrom, 555 So. 2d. 828 (Fla. 1990); Florida Patient’s Compensation Fund v. Rowe, 472 So.2d 1145 (Fla. 1985); Ivey v. Allstate Insurance Company, 774 So.2d 679 (Fla. 2000) [25 Fla. L. Weekly S1103a]; and, Rule 4-1.5 Rules Regulating the Florida Bar.
3. NUMBER OF HOURS: The Plaintiff’s counsel, Hans Kennon, reasonably expended65 hours in representing the Plaintiff in this cause.
4. HOURLY RATE: A reasonable hourly rate to be paid by the Defendant to Plaintiff’s counsel in this case, for the services of Hans Kennon, is $500.00.
5. TOTAL FEES: That based upon this Court’s determination, the total attorneys’ fees that the Plaintiff is entitled to recover from the Defendant for the services of attorney, Hans Kennon, before this this Court is 65 hours x $ 500.00/hour for a total fee of $ 32,500.00.
6. COSTS: The Court has determined that the Plaintiff incurred reasonable taxable costs in the amount of $ 630.00.
7. PREJUDGMENT INTEREST: Prejudgment interest is due to Plaintiff’s counsel on the attorneys’ fees and costs from June 27, 2014 (the date the Court entered Final Summary Judgment) 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]. Prejudgment interest at the rate of 4.75% for that period (156 days) is $ 672.57.
8. EXPERT WITNESS FEES: Plaintiff’s expert witness on attorneys’ fees, Rutledge M. Bradford Esquire, is entitled to be compensated for the time expended in preparing to testify and testifying in this case. Ms. Bradford reasonably expended 6 hours in this case, and a reasonable hourly rate for Ms. Bradford is $500.00 per hour, for a total expert fee of $ 3000.00. 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].
9. NUMBER OF HOURS: The Plaintiff’s previous counsel, Steven M. Meyers Esquire, reasonably expended 6 hours in representing the Plaintiff in this cause.
10. HOURLY RATE: A reasonable hourly rate to be paid by the Defendant to Plaintiff’s previous counsel in this case, for the services of Steven M. Meyers, is $ 450.00.
11. TOTAL FEES: That based upon this Court’s determination, the total attorneys’ fees that the Plaintiff is entitled to recover from the Defendant for the services of attorney, Steven M. Meyers Esquire, before this this court is 6 hours x $ 450.00/hour for a total fee of $2700.00.
12. COSTS: The Court has determined that the Plaintiff’s prior counsel incurred reasonable taxable costs in the amount of $ 325.00.
WHEREFORE, it is hereby ORDERED AND ADJUDGED:
That Plaintiff’s Motion for Attorneys’ Fees and Costs of Hans Kennon of Morgan & Morgan, P.A. is hereby GRANTED.
1. That Plaintiff’s Counsel, Morgan & Morgan, PA., shall have and recover from the Defendant, State Farm Fire & Casualty Company, a reasonable attorneys’ fee in the amount of $32, 500.00, taxable costs in the amount of $630.00, and prejudgment interest on the attorneys’ fee and costs at the rate of 4.75% per annum from June 27, 2014 in the amount of $ 672.57, for the total sum of $ 33,802.57, that shall bear interest at the rate of 4.75% per annum until payment in full of the judgment, for which let execution issue.
2. Plaintiff’s expert witness on attorneys’ fees, Rutledge M. Bradford, Esquire, shall have and recover from the Defendant, State Farm Fire & Casualty Company, expert witness fees in the amount of $ 3000.00, that shall bear interest at the rate of 4.75% per annum until payment in full, for which let execution issue.
3. That Plaintiff’s Previous Counsel, Steven M. Meyers of Meyers & Stanley, shall have and recover from the Defendant, State Farm Fire & Casualty Company, a reasonable attorneys’ fee in the amount of $ 2700.00, taxable costs in the amount of $ 325.00, and prejudgment interest on the attorneys’ fee and costs at the rate of 4.75% per annum from June 27, 2014 in the amount of $ 61.41, for the total sum of $ 3086.41, that shall bear interest at the rate of 4.75% per annum until payment in full of the judgment, for which let execution issue.
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