27 Fla. L. Weekly Supp. 480a
Online Reference: FLWSUPP 2705GRAttorney’s fees — Insurance — Expert witness fees — Expert witness on reasonableness of attorney’s fees is entitled to witness fee to be taxed as costs
GR REHAB CENTER, INC., Plaintiff(s), v. PROGRESSIVE AMERICAN INSURANCE COMPANY, Defendant(s). County Court, 11th Judicial Circuit in and for Miami-Dade County, Civil Division. Case No. 2019-007506-CC-25, Section CG 02. July 1, 2019. Elijah Levitt, Judge. Counsel: Walter A. Arguelles, Arguelles Legal, P.L., Miami, for Plaintiff. Alexandra Diaz de Arce, Progressive PIP House Counsel, Miami, for Defendant.
ORDER ON DEFENDANT’S MOTION TO PRECLUDETAXATION OF ATTORNEY FEE EXPERT WITNESS FEEFOR PURPOSES OF DETERMINING REASONABLENESSOF PLAINTIFF ATTORNEY’S FEE AND COSTSAND PLAINTIFF’S MOTION FOR FEES
This cause came before the Court on July 1, 2019, on the aforementioned motions, and the Court being advised in the premises, it is hereby ORDERED and ADJUDGED that Defendant’s Motion be, and the same is hereby, denied. Plaintiff’s Motion is hereby granted.
If Plaintiff’s expert requests payment, then Plaintiff’s expert may receive reasonable fees incurred in preparation for a hearing on attorney’s fees and testimony provided during the hearing. “Any expert or skilled witness who shall have testified in any cause shall be allowed a witness fee including the cost of any exhibits used by such witness in an amount agreed to by the parties, and the same shall be taxed as costs.” § 92.231(2), Fla. Stat. (2019); see also Stokus v. Phillips, 651 So. 2d 1244, 1246 (Fla. 2d DCA 1995) [20 Fla. L. Weekly D627c] (“We view [Travieso v. Travieso, 474 So. 2d 1184 (Fla. 1985)] to mean that an award of such fees is not discretionary if the testifying attorney expects to be compensated for his testimony.”)
The Court reserves ruling on Plaintiff’s Motion for Entitlement to Fees for Plaintiff’s litigation of the instant motions and will address the issue at the time of the fee hearing.
