24 Fla. L. Weekly Supp. 67a
Online Reference: FLWSUPP 2401LEADInsurance — Attorney’s fees — Amount
PHOENIX EMERGENCY SERVICES OF LEESBURG, LLC, as assignee of Stephanie Leady, Plaintiff, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant. County Court, 9th Judicial Circuit in and for Orange County. Case No. 2014-SC-9025-O. May 3, 2016. Steve Jewett, Judge. Counsel: David B. Alexander, Bradford Cederberg, Orlando, for Plaintiff. John Morrow, Orlando, for Defendant.
ORDER GRANTING SANCTIONS AGAINSTDEFENDANT, STATE FARM MUTUALAUTOMOBILE INSURANCE COMPANY
THIS MATTER having come before this Honorable Court on Plaintiff’s Motion to Determine Attorney’s Fees and Costs Re: Sanctions Granted Against Defendant, State Farm Mutual Automobile Insurance Company and this Honorable Court having heard argument of counsel on May 3, 2016 and being otherwise fully advised in the premises, finds as follows:
1. On December 15, 2015, the Court entered an order finding Plaintiff, PHOENIX EMERGENCY SERVICES OF LEESBURG, LLC, as assignee of Stephanie Leady, entitled to sanctions against Defendant, STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, in the form of attorney’s fees and costs expended by counsel for Plaintiff associated with Defendant’s failure to comply with the Court’s Order executed on March 27, 2015 in this matter. The Court has based its decision below 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); Bell v. U.S.B. Acquisition Company, Inc., 734 So.2d 403 (Fla. 1999) [24 Fla. L. Weekly S220a]; and Fla. R. Civ. P. 1.380(b).
2. NUMBER OF HOURS: Pursuant to the Court’s December 15, 2015 Order in this matter and evidence presented at the May 3, 2016 hearing, including the Affidavit of David B. Alexander, licensed attorney for Plaintiff, the total number of sanctionable attorney hours reasonably expended by David B. Alexander equal 4.7 hours.
3. HOURLY RATE: A reasonable hourly rate for David B. Alexander, licensed attorney for Plaintiff, is $475.00 per hour.
4. PREJUDGMENT INTEREST: That prejudgment interest is due to Plaintiff’s counsel on the sanctions amount from December 15, 2015 (date of the Court’s Order granting entitlement to sanctions), until the entry of this order. 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].
5. EXPERT WITNESS FEE: Plaintiff’s expert witness on reasonable attorney’s fees, Coretta Anthony-Smith, Esquire, is entitled to be compensated for the time expended in preparing to testify and testifying in this case. Ms. Anthony-Smith reasonably expended 1.5 hours in this case to date and a reasonable hourly rate for Ms. Anthony-Smith is $500.00 per hour, for a total expert fee of $750.00. 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. Plaintiff’s Motion to Determine Attorney’s Fees and Costs Re: Sanctions Granted Against Defendant, State Farm Mutual Automobile Insurance Company is hereby GRANTED.
2. Plaintiff, PHOENIX EMERGENCY SERVICES OF LEESBURG, LLC, as assignee of Stephanie Leady, shall take from Defendant, STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, the TOTAL SUM shown below as sanctions, in the form of reasonable attorney’s fees, for which let the execution issue forthwith.
Total Sanctionable Attorney's Fee $2,232.50
Interest on Sanctionable Attorneys' Fees $40.67
Expert Witness Fees $750.00
TOTAL SUM*, $3,023.17
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*Post-judgment interest of 4.75% per annum shall be due on this judgment pursuant to Fla. Stat. §55.03 forthwith.
