27 Fla. L. Weekly Supp. 557a
Online Reference: FLWSUPP 2706MCKIAttorney’s fees — Insurance — Prevailing party — Amount
JARVIS MCKIVER, 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. July 25, 2019. Joelle Ann Ober, Judge. Counsel: Timothy A. Patrick, Patrick Law Group, P.A., Tampa, for Plaintiff.
FINAL JUDGMENT FOR ATTORNEY’S FEES AND COSTS
THIS MATTER came before the Court on April 15, 2019 on Plaintiff’s Motion to Tax Attorney’s Fees and Costs filed August 10, 2018. 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, the advocacy skills displayed by counsel in this case, the complexity of the issues in this case, the Court’s own knowledge about the skills, experience, and reputation of comparator attorneys, and being otherwise fully advised, the Court finds as follows:
1. On June 21, 2018, Defendant filed a Notice of Confession of Judgment in this matter. The Notice indicates “Defendant does not stipulate to Plaintiff’s entitlement to attorney’s fees and costs and requests hearing thereon that Court determine entitlement.” The Court finds that Plaintiff is entitled to an award of attorney’s fees pursuant to section 627.428 as the prevailing party.
2. 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), the Statewide Uniform Guidelines for Taxation of Costs in Civil Actions, and Florida Bar Rules of Professional Conduct 4-1.5. The Court first determines the reasonable hourly rate for services rendered by Plaintiff’s counsel and the number of hours reasonably and necessarily expended in the prosecution of this case. The court then calculates the “lodestar figure” by multiplying the reasonable hourly rate by the number of hours reasonably expended on the litigation.
3. After considering the foregoing, the Court finds that the reasonable hourly rate for Plaintiff’s counsel, Timothy A. Patrick, Esquire in this matter is $500.00 per hour.
4. After considering the evidence and testimony presented and making adjustments for 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 86.0 hours were reasonably and necessarily expended by Timothy A. Patrick, Esquire in prosecution of this matter.
5. Therefore, the Court finds the lodestar figure for reasonable fees in this matter to be $43,000.00, based on 86.0 hours x $500/hour.
6. With regard to the contingency risk multiplier, after considering the factors outlined in Quanstrom and Rowe, the Court finds that the greater weight of the evidence presented establishes that a reasonable and appropriate multiplier to be awarded to the Plaintiff in this case is 1.5. As such, the total attorney’s fee in this matter is $64,500.00 ($43,000 x 1.5).
7. The parties stipulate Plaintiff is entitled to costs in the amount of $1,376.50.
8. The Court has considered Plaintiff’s expert Raymond N. Seaford, Esquire’s qualifications and experience to give an opinion as to the attorney fee issues in this case. Purusant to Florida Statutes section 92.231, the Court finds a reasonable hourly rate for Mr. Seaford is $550.00 and that Mr. Seaford reasonably expended 7.5 hours in in service as Plaintiff’s fee expert in this matter, resulting in a fee of $4,125.00.
9. The Court concludes that the total reasonable and necessary costs to be taxed against the Defendant in this matter are $5,501.50.
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, JARVIS MCKIVER, and against Defendant, WINDHAVEN INSURANCE COMPANY, for attorney’s fees and costs of $70,001.50, which shall bear interest pursuant to Florida Statutes section 55.03, for which let execution issue.
