24 Fla. L. Weekly Supp. 975a
Online Reference: FLWSUPP 2411COMPInsurance — Attorney’s fees awarded to provider who prevailed in action against personal injury protection insurer
EMERGENCY PHYSICIANS, Inc. d/b/a EMERGENCY RESOURCES GROUP, as assignee of Sandra Compton, Plaintiff, v. OWNERS INSURANCE COMPANY Defendant. County Court, 9th Judicial Circuit Court in and for Orange County. Case No. 2016-SC-7861-O. December 2, 2016. Tina Caraballo, Judge. Counsel: Amanda Reher, Orlando, for Plaintiff. Bret Dubbert, Orlando, for Defendant.
FINAL JUDGMENT AWARDINGATTORNEYS’ FEES AND COSTS
THIS CAUSE came to be heard on December 2, 2016, 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 8/28/2015 automobile accident. The insured, Sandra Compton, sustained injuries arising out of the accident, and sought treatment from the Plaintiff, EMERGENCY PHYSICIANS, Inc. d/b/a EMERGENCY RESOURCES GROUP, as assignee of Sandra Compton. The insured assigned her PIP insurance benefits to the Plaintiff. The Plaintiff billed the Defendant, OWNERS INSURANCE COMPANY, for medical treatment rendered. The Defendant did not pay the bill in full. Instead, the Defendant reduced Plaintiff’s bill providing only the following explanation: “Unless otherwise indicated, reductions reflect the Florida Auto Statute.” Thereafter, the Plaintiff submitted a pre-suit demand letter to the Defendant seeking full payment of the bill at issue. The Defendant again did not pay the bill and stood by its reduction of the Plaintiff’s charged amount. Thereafter, Plaintiff filed this suit alleging that the Defendant improperly reduced its medical billings, seeking to recover the amounts due, together with interest. Following the filing of the lawsuit, the Defendant paid the benefits due, together with interest. The Defendant has stipulated that the Plaintiff is entitled to the award of its 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) [24 Fla. L. Weekly S220a].
3. NUMBER OF HOURS: The court finds that the Plaintiff’s counsel, Amanda H. Reher, Esquire, reasonably expended 7.2 hours in representing the Plaintiff in this cause.
4. HOURLY RATE: The Court finds a reasonable hourly rate for Amanda H. Reher, Esquire, in this case is $ 475.00.
5. TAXABLE COSTS: The Court finds that the Plaintiff’s counsel, Amanda H. Reher, Esquire, incurred reasonable costs in the amount of $ 89.73 during her 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 August 17, 2016 (the date of settlement of the underlying claim), until the entry of this final judgment. See 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, Hans Kennon, Esquire, is entitled to be compensated for the time expended in preparing to testify and testifying in this case. Mr. Kennon reasonably expended 4.8 hours in this case, and a reasonable hourly rate for Mr. Kennon is $ 575.00 per hour, for a total expert fee of $ 2,760.00. 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 attorney’s fees and costs for prosecution of this claim for which let the execution issue forthwith.
Attorney’s $ 3,420.00
Costs $ 89.73
Interest on attorney’s fees $ 49.22
Expert Witness Fees $ 2,760.00
TOTAL SUM* $ 6,318.95
* The total sum shall bear interest at the prevailing statutory interest rate of 4.84 % 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.
