26 Fla. L. Weekly Supp. 661a
Online Reference: FLWSUPP 2608AVERInsurance — Attorney’s fees — Amount
Y.H. IMAGING, INC. a/a/o Christina Averhoff, Plaintiff, v. GEICO GENERAL INSURANCE COMPANY, Defendant. County Court, 11th Judicial Circuit in and for Miami-Dade County. Case No. 13-3572 SP 05. August 28, 2018. Maria Ortiz, Judge. Counsel: George Milev, Milev Law LLC, Key Biscayne, for Plaintiff. Vivian Lasaga, 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 Florida Statutes 627.428 and 627.736, the Settlement/Confession of Judgment by Defendant on April 12, 2017, the corresponding Final Judgment, 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 12.6 hours.
4. The reasonable hourly rate for attorney Kelly Arias is $450.00/hour.
5. Thus the reasonable reimbursement for attorney Kelly Arias is 12.6 hours at $450.00/hour = $5670.00.
6. Plaintiff’s counsel Paulette Perryman reasonably expended .6 hours.
7. The reasonable hourly rate for attorney Paulette Perryman is $300/hour.
8. Thus the reasonable reimbursement for attorney Paulette Perryman is .6 hours at $300/hour = $180.00.
9. Plaintiff’s counsel Antonya Johnson reasonably expended 13.5 hours.
10. The reasonable hourly rate for attorney Antonya Johnson is $300/hour.
11. Thus the reasonable reimbursement for attorney Antonya Johnson is 13.5 hours at $300/hour = $4050.00.
12. Plaintiff’s counsel George Milev reasonably expended 8.8 hours.
13. The reasonable hourly rate for attorney George Milev is $450.00/hour.
14. Thus the reasonable reimbursement for attorney George Milev is 8.8 hours at $450.00/hour = $3960.00
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 8.5 hours. The Court finds that a rate of $475/hour is a reasonable hourly rate for the services of Mr. Mclellan. Thus the total award for Mr. Mclellan is 8.5 hours at $475.00 =$4037.50
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 5.05% set by the Florida Chief Financial Officer from the date of Settlement and Stipulation by Defendant to Plaintiff’s Entitlement to Fees and Costs on April 12, 2017 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 $1050.51
17. Therefore, Plaintiff’s counsel recover from the Defendant the following:
a. Reasonable attorney’s fees in the amount of $13860.00
b. Stipulated costs in the amount of $105.00
c. Interest from the entry of Settlement and Stipulation to Fees/Costs in the amount of $1050.51
d. Expert witness fees for Rodney Mclellan in the amount of $4037.50
e. For a total sum of $19,053.01 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.
