26 Fla. L. Weekly Supp. 41a
Online Reference: FLWSUPP 2601GREEInsurance — Attorney’s fees — Amount
JOSEPH GREEN, Plaintiff, v. WINDHAVEN INSURANCE COMPANY, Defendant. County Court, 13th Judicial Circuit in and for Hillsborough County, Civil Division. Case No. 17-CC-004328. February 28, 2018. Joelle Ann Ober, Judge. Counsel: Tim Patrick, for Plaintiff. Daniel Smith, for Defendant.
FINAL JUDGMENT AWARDINGATTORNEY’S FEES AND COSTS
THIS CAUSE came before the Court for evidentiary hearing on February 1, 2018, at 10:00 a.m. concerning Plaintiff’s Motion to Tax Attorney’s Fees and Costs under §627.428, Florida Statutes, based upon the Defendant’s Confession of Judgment filed with the Court on September 18, 2017.
At the hearing, and together with the legal standards for attorney’s fee and contingency fee multiplier awards established in Florida, the Court considered argument of counsel, the parties written submissions in the record, affidavit from Tim Patrick, Esq., testimony from Tim Patrick, Esq., testimony from expert witnesses for the Plaintiff, Raymond N. Seaford, Esq. and for the Defendant, Michael C. Clarke, Esq., material entered into evidence during the hearing, the advocacy skills displayed by counsel in this case, the complexity of the issues in this case, as well as the Court’s own knowledge about the skills, experience, and reputation of comparator attorneys.
In making the written findings contained in this judgment, the Court has considered and complied with the requirements of Florida Rule of Professional Conduct 4-1.5(b)(1) and (2), the Statewide Uniform Guidelines for Taxation of Costs in Civil Actions, and applicable case law, including but not limited to, Florida Patient’s Compensation Fund v. Rowe, 472 So.2d 1145 (Fla. 1985) and Standard Guaranty Insurance Co. v. Quanstrom, 555 So.2d 828 (Fla. 1990).
IT IS THEREFORE ORDERED AND ADJUDGED that Judgment is entered in favor of Plaintiff, Joseph Green, and against Defendant, Windhaven Insurance Company, as follows:
A. Reasonable Hourly Rate
Reasonable hourly rates for the legal professionals involved based on the prevailing market rates in the relevant legal community for similar services by legal professionals of reasonably comparable skill, experience and reputation are as follows:
Timothy A. Patrick, Esq. $500 per hour
B. Reasonable Hours
The Court finds the following number of hours for each legal professional reasonable:
Timothy A. Patrick, Esq. 48.4 hours.
C. Expert Witness Fees
Plaintiff is awarded attorney’s fees for 3.7 hours incurred by its expert witness, Raymond N. Seaford, Esq., in the litigation of the Plaintiff’s entitlement to an award of attorney’s fees. The Court finds that $550 per hour is a reasonable hourly rate for the work performed by Mr. Seaford in this case in light of his experience and after consideration of the factors in Rowe.
D. Taxable Costs
The parties stipulated to taxable costs as follows: $1,196.25.
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 attorney’s fees and costs awarded to Plaintiff and its counsel and its expert witness, Raymond N. Seaford, Esq., are as follows:
| Attorney/Expert Witness | Hourly Rate | Number of Hours | Total Fee |
| Timothy A. Patrick, Esq. | $500 | 48.4 | $24,200.00 |
| Raymond N. Seaford, Esq. | $550 | 3.7 | $2,035.00 |
| Total Attorney’s Fees | $26,235.00 | ||
| Costs | $1,196.25 | ||
| Total Attorney’s Fees and Costs | $27,431.25 |
ACCORDINGLY:
Plaintiff, Joseph Green, shall recover from Defendant, Windhaven Insurance Company, the sum of $27,431.25 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 1 of each year pursuant to section 55.03(3), Fla. Stat., FOR WHICH SUM LET EXECUTION ISSUE FORTHWITH.
