27 Fla. L. Weekly Supp. 66a
Online Reference: FLWSUPP 2701NBROInsurance — Attorney’s fees — Sanctions award — Amount
NEW SMYRNA IMAGING, LLC, as assignee of Nancy Brown, Plaintiff, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant. County Court, 7th Judicial Circuit in and for Volusia County. Case No. 2016 20695 CONS. January 7, 2019. A. Christian Miller, Judge. Counsel: David B. Alexander, Bradford Cederberg, P.A., Orlando, for Plaintiff. Stephen G. Mellor, ROIG Lawyers, Deerfield Beach, for Defendant.
ORDER ON PLAINTIFF’S MOTION TO DETERMINETHE AMOUNT OF PLAINTIFF’S ATTORNEYS’ FEESAND COSTS RE: SANCTIONS GRANTED AGAINSTDEFENDANT STATE FARM MUTUAL AUTOMOBILEINSURANCE COMPANY, PURSUANT TOCOURT ORDER FINDING ENTITLEMENT
THIS CAUSE having come on before the Court on Plaintiff’s Motion to Determine the Amount of Plaintiff’s Attorneys’ Fees and Costs Re: Sanctions Granted Against Defendant State Farm Mutual Insurance Company, pursuant to Court Order finding Entitlement, executed November 9, 2017, and the Court having been advised of agreement by and between counsel for parties, and being otherwise full advised, finds and orders the following:
1. The Defendant disputes the granting of the Entitlement of Attorneys’ Fees and Costs pursuant to the Court Order dated November 9, 2017.
2. The Plaintiff is entitled to a total of 15.3 hours of attorney time plus Plaintiff’s taxable case costs of $633.73 as a Sanction Award.
3. A reasonable hourly rate for Wendelyn L. Gowen, Esq. is $525.00 and Wendelyn L. Gowen, Esq. reasonably expended 8.0 hours associated with Defendant’s violations.
4. A reasonable hourly rate for Mark A Cederberg, Esq. is $600.00 and Mark A Cederberg, Esq. reasonably expended 1.l hours associated with Defendant’s violations.
5. A reasonable hourly rate for David B. Alexander, Esq. is $525.00 and David B. Alexander, Esq. reasonably expended 6.2 hours associated with Defendant’s violations.
6. Based upon paragraphs three (3.) through five (5.) above, total Attorneys’ Fees Entitlement is $8,115.00 as a Sanction Award.
7. The Defendant will pay Plaintiff’s Attorney Fee Expert, Coretta Anthony-Smith, Esq. a reasonable hourly rate of $575.00 for l.5 hours ($862.50). Defendant will pay said amount within 30-days from the date of this Order.
8. The award of Attorneys’ Fees and Costs pursuant to this Order will not duplicate any additional Attorneys’ Fees and Costs in this case that Plaintiff may be entitled to at the final disposition of the case.
9. Plaintiff shall take from Defendant the TOTAL SUM shown below as attorneys’ fees and costs as a Sanctions Award for which let the execution issue forthwith.
Attorneys’ Fees $ 8,115.00
Costs $ 633.73
Interest on attorneys’ fees $ 539.87
Expert Witness Fees $ 862.50
TOTAL SUM* $ 10,151.10
* The total sum shall bear interest at the prevailing statutory interest rate of 6.33% per year from the date of this Order, for which let execution issue. Thereafter, the interest rate will adjust in accordance with Florida Statute Section 55.03. If Plaintiff receives the total sum set forth above within five (5) days from the date of this Order, no post-judgment interest shall be due. If Plaintiff does not receive the total sum set forth above within five (5) days from the date of this Order, post-judgment interest shall accrue from the date of this Order until payment of the total sum is tendered.
