26 Fla. L. Weekly Supp. 661b
Online Reference: FLWSUPP 2608FUENInsurance — Attorney’s fees — Amount
SUNSET RADIOLOGY, INC. a/a/o Roberto Fuentes-Vega, Plaintiff, v. GEICO GENERAL INS. CO., Defendant. County Court, 11th Judicial Circuit in and for Miami-Dade County. Case No. 13-14179-SP-23 (01). August 23, 2018. Myriam Lehr, Judge. Counsel: George Milev, Milev Law LLC, Key Biscayne, for Plaintiff. Marcus Griggs, Coral Gables, for Defendant.
FINAL JUDGMENT AWARDING ATTORNEY’SFEES AND COSTS TO PLAINTIFF
THIS CAUSE having come before this Court on Plaintiff’s Motion to Tax Attorney’s Fees and Costs with Interest, the Court having reviewed the file, having received expert testimony, having received testimony from the litigating attorneys, and having heard argument presented by both parties, hereby FINDS, ORDERS and ADJUDGES as follows:
1. Plaintiff’s counsel is entitled to fees, costs and interest in accordance with the Final Judgment entered on February 22, 2018, Florida law and pursuant to the relevant factors in Florida Patient’s Compensation Fund v. Rowe, 472 So. 2d 1145 (Fla. 1985), Standard Guarantee Ins. Co. v. Quanstrom, 555 So. 2d 828 (Fla. 1990), as well as the appropriate factors in the Statewide Uniform Guidelines for Taxation of Costs.
2. Defendant has stipulated to $105.00 in costs due to Plaintiff.
3. Plaintiff’s counsel Kelly Arias reasonably expended 4 hours.
4. The reasonable hourly rate for attorney Kelly Arias is $425.00/hour.
5. Thus the reasonable reimbursement for attorney Kelly Arias is 4 hours at $425.00/hour = $1,700.00
6. Defendant has stipulated that Plaintiff’s counsel Anne Marie Giri reasonably expended 1.6 hours.
7. The reasonable hourly rate for attorney Anne Marie Giri is $375.00/hour.
8. Thus the reasonable reimbursement for attorney Anne Marie Giri is 1.6 hours at $375.00/hour = $600.00
9. Plaintiff’s counsel Shula Desrouleaux reasonably expended 17.7 hours.
10. The reasonable hourly rate for attorney Shula Desrouleaux is $375.00/hour.
11. Thus the reasonable reimbursement for attorney Shula Desrouleaux is 17.7 hours at $375.00/hour = $6,637.50
12. Plaintiff’s counsel George Milev reasonably expended 32 hours.
13. The reasonable hourly rate for attorney George Milev is $450.00/hour.
14. Thus the reasonable reimbursement for attorney George Milev is 32 hours at $450.00/hour = $14,400.00
15. Plaintiff is entitled to recover the expert witness fees of attorney Rodney Mclellan based upon the holding and reasoning contained in the cases Stokus v. Phillips, 651 So. 2d 1244 (Fla. 2nd DCA 1995) [20 Fla. L. Weekly D627c] and Travieso v. Travieso, 474 So. 2d 118 (Fla. 1985), and that attorney Mclellan reasonably expended 10 hours. The Court finds that a rate of $475.00/hour is a reasonable hourly rate for the services of Mr. Mclellan. Thus, the total award for Mr. Mclellan is 10 hours at $475.00 = $4,750.00
16. The Court finds that the pre-judgment interest is due to Plaintiff’s counsel on the amount of attorney’s fees at a rate of 5.53% set by the Florida Chief Financial Officer from the date of entry of Final Judgment and Entitlement to Fees and Costs on February 22, 2018 until the entry of this Final Judgment pursuant to Quality Engineering v. Higley South, 670 So. 2d 929 (Fla. 1996) [21 Fla. L. Weekly S141a]. The pre-judgment interest is calculated to be $643.51
17. Therefore, Plaintiff’s counsel recover from the Defendant the following:
a. Reasonable attorney’s fees in the amount of $23,337.50
b. Stipulated costs in the amount of $105.00
c. Interest from the entry of Final Summary Judgment in the amount of $643.51
d. Expert witness fees for Rodney Mclellan in the amount of $4,750.00
e. For a total sum of $28,836.01 together with post-judgment interest at the rate of 5.97% per annum until payment in full of the judgment for which let execution issue forthwith.
