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FIRST CHOICE CHIROPRACTIC CENTER, a/a/o Dashley Mozart, Plaintiff, v. WINDHAVEN INSURANCE COMPANY, Defendant.

26 Fla. L. Weekly Supp. 692b

Online Reference: FLWSUPP 2608MOZAInsurance — Attorney’s fees — Amount

FIRST CHOICE CHIROPRACTIC CENTER, a/a/o Dashley Mozart, Plaintiff, v. WINDHAVEN INSURANCE COMPANY, Defendant. Circuit Court, 13th Judicial Circuit in and for Hillsborough County. Case No. 18-CC-000230. October 18, 2018. Cynthia S. Oster, Judge. Counsel: Timothy A. Patrick, Patrick Law Group, Tampa, for Plaintiff. Birdy Vanasupa, for Defendant.

AGREED FINAL JUDGMENT AWARDING

ATTORNEY’S FEES AND COSTS

THIS CAUSE came before the Court for evidentiary hearing on October 11, 2018, at 9:00 a.m. concerning Plaintiff’s Motion to Tax Attorney’s Fees and Costs under 627.428, Florida Statutes, based upon the Defendant’s Notice of Confession of Judgment filed with the Court on June 7, 2018.

Prior to the hearing, the parties stipulated to the following reasonable hourly rates, reasonable hours, expert hourly rate and taxable costs and announced the same to the Court:

A. Reasonable Hourly Rate

Joseph Nicholas, Esq. $450 per hour

Timothy A. Patrick, Esq. $500 per hour

B. Reasonable Hours

Joseph Nicholas, Esq. 1.3 hours

Timothy A. Patrick, Esq. 8.3 hours

C. Expert Witness Reasonable Hourly Rate and Hours

Raymond N. Seaford, Esq. $550.00

Reasonable Hours 1.5

D. Taxable Costs

The parties stipulate to taxable costs as follows: $205.00

E. Total Amount of Attorney’s Fees, Expert Witness Fees and Costs Awarded Under Section 627.428, Fla. Stat.

Based on the foregoing determinations, the total agreed attorney’s fees and costs awarded to Plaintiff and its counsel and its expert witness, Raymond N. Seaford, Esq., are as follows:

Attorney/Expert WitnessHourlyRateHoursTotal
Joseph Nicolas, Esq.$4501.3$585.00
Timothy A. Patrick, Esq.$5008.3$4,150.00
Raymond N. Seaford, Esq.$5501.5$825.00
Costs$205.00
Total Award$5,765.00

Accordingly, it is:

ORDERED:

Based upon the stipulation of the parties, Plaintiff, First Choice Chiropractic Center, (A/A/O Dashley Mozart), shall recover from Defendant, Windhaven Insurance Company, the sum of $5,765.00 in attorney’s fees pursuant to section 627.428, Fla. Stat., and taxable costs, that shall bear interest at the rate of 5.53% per annum through December 31, 2018, which rate shall thereafter adjust annually on January 1st of each year pursuant to section 55.03(3), Fla. Stat., FOR WHICH SUM LET EXECUTION ISSUE FORTHWITH.

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