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SAND LAKE REHAB & WELLNESS CENTER, INC., a/a/o Brian Domenach, Plaintiff, v. WINDHAVEN INSURANCE COMPANY, Defendant.

26 Fla. L. Weekly Supp. 838b

Online Reference: FLWSUPP 2610DOMEInsurance — Attorney’s fees — Amount

SAND LAKE REHAB & WELLNESS CENTER, INC., a/a/o Brian Domenach, Plaintiff, v. WINDHAVEN INSURANCE COMPANY, Defendant. County Court, 9th Judicial Circuit in and for Orange County. Case No. 2016-SC-000677-O. December 11, 2018. Martha C. Adams, Judge. Counsel: Timothy A. Patrick, Patrick Law Group, P.A., Tampa and Joseph Nicholas, Nicholas Law Group, for Plaintiff. Todd Migacz, for Defendant.

FINAL JUDGMENT AWARDINGATTORNEY’S FEES AND COSTS

THIS CAUSE came before the Court for evidentiary hearing on November 6, 2018 on Plaintiff’s Amended Motion to Tax Attorney’s Fees and Costs under 627.428, Florida Statutes. On December 9, 2018, this Court entered an Order Granting Plaintiff’s Amended Motion to Tax Attorney’s Fees and Costs. This Final Judgment ratifies and incorporates the findings contained in said Order as follows:

The Court made findings as 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. $500.00 per hour

Timothy A. Patrick, Esq. $525.00 per hour

B.

Reasonable Hours

Joseph Nicholas, Esq. 5.0 hours

Timothy A. Patrick, Esq. 103.12 hours

C.

Expert Witness Reasonable Hourly Rate and Hours

Wendelyn Gowen, Esq. $525.00 per hour

Reasonable Hours 12 hours

D.

Taxable Costs

The parties stipulated to taxable costs as follows: $1,747.46

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, Wendelyn Gowen Esq., are as follows:

Attorney/Expert WitnessHourly RateHoursTotal
Joseph Nicholas, Esq.$5005.0$2,500.00
Timothy A. Patrick, Esq.$525103.12$54,138.00
Wendelyn Gowen, Esq.$52512$6,300.00
Costs$1,747.46
Total Award$64,685.46

Accordingly, it is:

ORDERED:

Plaintiff, Sand Lake Rehab & Wellness Center, (a/a/o Brian Domenach), shall recover from Defendant, Windhaven Insurance Company, the sum of $64,685.46 in attorney’s fees and costs pursuant to section 627.428, Fla. Stat., 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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