27 Fla. L. Weekly Supp. 735b
Online Reference: FLWSUPP 2708DELOAttorney’s fees — Insurance — Personal injury protection — Amount
PHYSICIANS GROUP, L.L.C., a/a/o Danielle Delosa, Plaintiff, v. WINDHAVEN INSURANCE COMPANY, A Florida Profit Corporation, Defendant. County Court, 13th Judicial Circuit in and for Hillsborough County, Civil Division. Case No. 18-CC-031904, Division I. August 26, 2019. Joelle A. Ober, Judge. Counsel: Nicholas Chiappetta, Marten | Chiappetta, Lake Worth, for Plaintiff. Todd Migacz, Miami, for Defendant.
FINAL JUDGMENT ON ATTORNEYS’ FEESAND COSTS IN PLAINTIFF’S FAVOR
THIS CAUSE came before the Court for evidentiary hearing on July 16, 2019, concerning Plaintiff’s Motion to Tax Attorneys’ Fees and Costs, including interest on fees and costs from date of entitlement, taxation of attorney’s fee expert costs under section 627.428, Florida Statutes. After considering the motion, the credibility and weight of the testimony and other evidence presented, the arguments of counsel, the record, and being otherwise fully advised in the premises, the Court makes the following findings of fact and conclusions of law:
1. This is a breach of contract action seeking to recover unpaid Personal Injury Protection (“PIP”) benefits for the Defendant’s wrongful rescission of the assignor/claimant’s insurance policy based upon a material misrepresentation for an alleged failure to disclose a household member on the application for insurance.
2. The Defendant filed its Notice of Confession Judgment in this case on November 13, 2018. However, payment in full was not effectuated until January 29, 2019.1
3. The Plaintiff is seeking an award of reasonable attorney’s fees and costs pursuant to section 627.428, Florida Statutes.
4. The Defendant does not dispute that Plaintiff is entitled to attorney’s fees and costs in this case.
5. The Plaintiff is the prevailing party and is entitled to an award of reasonable attorneys’ fees and costs pursuant to section 627.428, Florida Statutes. Therefore, the Court hereby GRANTS Plaintiff’s Motion to Tax Attorneys’ Fees and Costs.
6. In making the written findings contained in this judgment, the Court has considered and complied with the requirements of Florida Rule of Professional Conduct 4-1.5(b)(1) and (2), the Statewide Uniform Guidelines for Taxation of Costs in Civil Actions, and applicable case law, including but not limited to, Florida Patient’s Compensation Fund v. Rowe, 472 So.2d 1145 (Fla. 1985), Bell v. U.S.B. Acquisition Co., Inc., 734 So. 2d 403, 406 (Fla. 1999) [24 Fla. L. Weekly S220a] and Standard Guaranty Insurance Co. v. Quanstrom, 555 So.2d 828 (Fla. 1990).
7. Reasonable Attorney Time and Rates: This Court hereby determines that the reasonable hourly rates and reasonable amount of time by the Plaintiff’s counsel in the above-styled case, is as follows:
Nicholas A. Chiappetta reasonably expended 35.4 hours.
Nicholas A. Chiappetta is entitled to a reasonable hourly rate of $350.00 per hour.
8. Contingency Risk Multiplier: Plaintiff did not seek a contingency risk multiplier.
9. Reasonable Costs (excluding fees of attorneys’ fee expert): The parties stipulated to taxable costs as follows:
$390.95
10. Attorneys’ fee expert – The Court concludes that the Plaintiff is entitled to recover a reasonable award of fees for the services provided by its attorneys’ fee expert witness, Timothy Patrick, Esquire. Mr. Patrick expected to be paid for his services in this case, and the amount of time required for his preparation and testifying as an expert witness was burdensome. The Court finds that a reasonable hourly rate for his services as an expert is $500.00 per hour, and that the reasonable amount of time for the services he rendered is 7.5 hours. Therefore, the Court hereby determines that an award of $3,750.00 is reasonable for the expert witness services provided by Mr. Seaford.
11. Total Amount — Based on the foregoing, the Court hereby determines that the total amount of reasonable attorneys’ fees and costs awarded to the Plaintiff is $16,140.00.
12. Final Judgment – Accordingly, final judgment is hereby entered in favor of the Plaintiff, Physicians Group, LLC, and against the Defendant, Windhaven Insurance Company. The Plaintiff shall recover from the Defendant the total sum of $16,140.00, plus interest since January 29, 2019 (i.e., the date the Defendant properly confession of judgment), at the rate(s) established by the Florida Department of Financial Services pursuant to Section 55.03, Florida Statutes (see, www.myfloridacfo.com/aadir/interest.htm), for which sum, let execution issue.
13. The Defendant’s payment to the Plaintiff shall be by check made payable to the “Marten Chiappetta IOTA Trust Account,” and delivered in care of Nicholas A. Chiappetta, Esq., Marten Chiappetta 8461 Lake Worth Rd., Suite 147, Lake Worth, Florida 33467. Marten Chiappetta shall be responsible for disbursing the proceeds.
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1The January 29, 2019 payment to Plaintiff included additional amounts not addressed in the Defendant’s Notice of Confession of Judgment.
