26 Fla. L. Weekly Supp. 848b
Online Reference: FLWSUPP 2610AKINInsurance — Attorney’s fees — Amount
OUTPATIENT PAIN AND WELLNESS CENTER, a/a/o Carolyn Akins, Plaintiff, v. WINDHAVEN INSURANCE COMPANY, Defendant. County Court, 13th Judicial Circuit in and for Hillsborough County. Civil Division. Case No. 16-CC-000572. Division I. November 28, 2018. Joelle Ann Ober, Judge. Counsel: Timothy A. Patrick, Patrick Law Firm, P.A., Tampa, for Plaintiff.
FINAL JUDGMENT FOR ATTORNEY’S FEES AND COSTS
THIS MATTER came before the Court on October 23, 2018, on Plaintiff’s Motion to Tax Attorney’s Fees and Costs. On May 14, 2018, Defendant filed a Confession of Judgment and Entitlement to Reasonable Attorney’s Fees and Costs. As such, the only matter before this court is the amount of reasonable attorney’s fees and costs. Having reviewed and considered the file, the evidence, the testimony of the parties’ witnesses (including an expert witness for each party), the arguments presented, the applicable law, and being otherwise fully advised, the Court finds as follows:
1. To determine the amount of reasonable attorney’s fees and costs in this matter, the Court has considered the evidence and testimony presented and the factors set forth in Florida Patients Compensation Fund v. Rowe, 472 So. 2d 1145 (Fla. 1985), Standard Guarantee Insurance Company v. Quanstrom, 555 So. 2d 828 (Fla. 1990), and Florida Bar Rule 4-1.5.
2. The parties have stipulated that the reasonably hourly rate for Plaintiff’s counsel, Timothy A. Patrick, Esquire in this matter is $500.00 per hour.
3. After considering the evidence and testimony presented and making adjustments for clerical work not compensable as attorney’s fees under Youngblood v. Youngblood, 91 So. 3d 190 (Fla. 2d DCA 2012) [37 Fla. L. Weekly D1375a], the Court finds that 57.0 hours were reasonably and necessarily expended by Timothy A. Patrick, Esquire in prosecution of this matter.
4. Therefore, the Court finds Plaintiff’s Counsel, Timothy A. Patrick, Esquire, is entitled to reasonable attorney’s fees in the amount of $28,500.00.
5. The parties stipulate Plaintiff is entitled to costs in the amount of $389.81.
6. For purposes of the instant matter, the parties stipulated that Plaintiff’s fee expert, Raymond N. Seaford, Esquire, is entitled to an hourly rate of $550.00 per hour. The Court finds that Raymond N. Seaford, Esquire reasonably expended 3.8 hours in service as Plaintiff’s fee expert in this matter, resulting in a fee of $2,090.00.
Based on the foregoing, it is therefore ORDERED AND ADJUDGED that Final Judgment for Attorney’s Fees and Costs is entered in favor of the Plaintiff, OUTPATIENT PAIN AND WELLNESS CENTER (a/a/o Carolyn Akins), and against Defendant, WINDHAVEN INSURANCE COMPANY, for attorney’s fees and costs of $30,979.81, which shall bear interest pursuant to Florida Statutes section 55.03, for which let execution issue.
