24 Fla. L. Weekly Supp. 235a
Online Reference: FLWSUPP 2403SCANInsurance — Personal injury protection — Attorney’s fees — Award of fees to provider/assignee who prevailed in action against insurer — Award of taxable costs, prejudgment interest, and fee for expert witness on issue of attorneys’ fees
EMERGENCY PHYSICIANS OF CENTRAL FLORIDA, LLP, as assignee of Emily Scanlon, Plaintiff, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant. County Court, 9th Judicial Circuit in and for Orange County. Case No. 2013-SC-1275-O. April 11, 2016. Steve Jewett, Judge. Counsel: William England and Amanda Reher, Orlando, for Plaintiff. Matthew Corker, Orlando, for Defendant.
FINAL JUDGMENT AWARDINGATTORNEYS’ FEES AND COSTS
THIS CAUSE came to be heard on April 4, 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 automobile accident of 9/11/2012. The insured, Emily Scanlon, was alleged to have sustained injuries arising out of the accident, and sought treatment from the Plaintiff, EMERGENCY PHYSICIANS OF CENTRAL FLORIDA, LLP, as assignee of Emily Scanlon. The insured assigned his PIP insurance benefits to the Plaintiff. The Plaintiff billed the Defendant, STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, for medical treatment rendered. The Defendant did not pay the bill in full. 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 suit and substantial discovery, the Defendant agreed to pay the benefits due, together with interest. The Defendant 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, William England, Esquire, reasonably expended 34.6 hours in representing the Plaintiff in this cause. The court finds that the Plaintiff’s counsel, Amanda Reher, Esquire, reasonably expended 7.1 hours in representing the Plaintiff in this cause.
4. HOURLY RATE: The Court finds a reasonable hourly rate for William England, Esquire in this case is $350.00 per hour. The Court finds a reasonable hourly rate for Amanda Reher, Esquire in this case is $475.00 per hour.
5. TAXABLE COSTS: The Court finds that the Plaintiff’s counsel, William England, incurred reasonable costs in the amount of $105.00 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 November 12, 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, 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 2.5hours in this case, and a reasonable hourly rate for Mr. Kennon is $575.00 per hour, for a total expert fee of $1,437.50. 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 William England, Esquire 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. Defendant shall have twenty (20) days to furnish payment to Plaintiff without incurring additional interest is timely paid.
Attorney’s Fees $15,482.50
Costs $105.00
Interest on attorney’s fees $975.00
Expert Witness Fee $1,437.50
TOTAL SUM* $18,000.00
*Post-judgment interest of 9% per annum shall be due on this judgment pursuant to F.S.Section 55.03.
