24 Fla. L. Weekly Supp. 148b
Online Reference: FLWSUPP 2402SMITInsurance — Attorney’s fees — Amount
DR. JOHN WAGNER PA, d/b/a MASON INJURY & ACCIDENT CLINIC, a/a/o GREGORY SMITH, Plaintiff, vs. PHILADELPHIA INDEMNITY INSURANCE COMPANY, Defendant. County Court, 7th Judicial Circuit in and for Volusia County. Case No. 2014-32629-COCI. February 11, 2016. Honorable Dawn P. Fields, Judge. Counsel: Hans Kennon, Morgan & Morgan, P.A., Orlando, for Plaintiff. Michelle Concepcion, O’Connor & O’Connor, Winter Park, for Defendant.
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 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. The Defendant confessed judgment on June 22, 2015.
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 expended 14.1 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 $ 525.00
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 14.1 hours x $ 525.00 /hour for a total fee of $ 7402.50.
6. COSTS: The Court has determined that the Plaintiff incurred reasonable taxable costs in the amount of $ 383.00.
7. PREJUDGMENT INTEREST: Prejudgment interest is due to Plaintiff’s counsel on the attorneys’ fees and costs from July 31, 2015 (the date of confession of judgment and stipulation to entitlement to fees/costs) 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 S150ca]. Prejudgment interest at the rate of 4.75% for that period 195 days) is $ 187.85.
8. EXPERT WITNESS FEES: Plaintiff’s expert witness on attorneys’ fees, Mark Cederberg, Esquire, is entitled to be compensated for the time expended in preparing to testify and testifying in this case. Mr. Cederberg reasonably expended 9.8 hours in this case, and a reasonable hourly rate for Mr. Cederberg is $ 500 per hour, for a total expert fee of $ 4900. 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:
That Plaintiff’s Motion for Attorneys’ Fees and Costs of Hans Kennon, Esquire of Morgan & Morgan, P.A. is hereby GRANTED.
1. That Plaintiff’s Counsel, Morgan & Morgan, PA., shall have and recover from the Defendant, Philadelphia Indemnity Insurance Company, a reasonable attorneys’ fee in the amount of $ 7402.50, taxable costs in the amount of $383.00, and prejudgment interest on the attorneys’ fee and costs at the rate of 4.75% per annum from June 22, 2015 in the amount of $ 187.85, for the total sum of $ 7973.35, 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, Mark Cederberg, Esquire, shall have and recover from the Defendant, Philadelphia Indemnity Insurance Company, expert witness fees in the amount of $4900.00 that shall bear interest at the rate of 4.75% per annum until payment in full, for which let execution issue.
