27 Fla. L. Weekly Supp. 734b
Online Reference: FLWSUPP 2708FERNAttorney’s fees — Insurance — Amount
PHYSICIANS GROUP, LLC, a/a/o Caridad Fernandez, Plaintiff, v. WINDHAVEN INSURANCE COMPANY, Defendant. County Court, 12th Judicial Circuit in and for Sarasota County, Civil Division. Case No. Case No. 2017-SC-003977 NC. September 16, 2019. Phyllis Galen, Judge. Counsel: George Milev, Milev Law LLC, Key Biscayne, for Plaintiff. Sean Greenwalt, Windhaven Claims Management LLC, Miami, for Defendant.
FINAL JUDGMENT AWARDINGATTORNEY’S FEES AND COSTS TO PLAINTIFF
THIS CAUSE having come before this Court on Plaintiffs 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 Confession of Judgment by Defendant on April 22, 2019, and pursuant to the relevant factors in Florida Patient’s Compensation Fund v. Rowe, 472 So. 2d 1145 (Fla. 1985), Standard Guaranty 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. The reasonable costs due to Plaintiff are $708.50.
3. Plaintiff’s counsel George Milev reasonably expended 98 hours.
4. The reasonable hourly rate for attorney George Milev is $450.00/hour.
5. Thus, the reasonable reimbursement for attorney George Milev is 98 hours at $450.00/hour = $44,100.00
6. Plaintiff’s counsel Mark Maynard reasonably expended 1 hour.
7. The reasonable hourly rate for attorney Mark Maynard is $425.00/hour.
8. Thus, the reasonable reimbursement for attorney Mark Maynard is 1 hour at $425.00/hour = $425.00
9. Plaintiff reasonably expended 2 hours in paralegal time at $150.00/h, thus, the reasonable reimbursement for Plaintiff’s paralegal time is 2 hours at $150.00/h = $300.00
10. Plaintiff is entitled to recover the expert witness fees of attorney Anthony Barak 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 1184 (Fla. 1985), and that attorney Barak reasonably expended 10 hours. The Court finds that a rate of $500.00/hour is a reasonable hourly rate for the services of Mr. Barak. Thus, the total award for Mr. Barak is 10 hours at $500.00 = $5,000.00
11. 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 6.57% as aplicable, set by the Florida Chief Financial Officer from the date of Confession and Stipulation by Defendant to Plaintiff’s Entitlement to Fees and Costs on April 22, 2019 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].
12. Therefore, Plaintiff’s counsel recover from the Defendant the following:
a. Reasonable attorney’s fees in the amount of $44,100.00
b. Reasonable paralegal fees in the amount of $300.00
c. Costs in the amount of $708.50
d. Interest from the Confession of Judgment and Stipulation to Fees/Costs in the amount of
e. Expert witness fees for Anthony Barak in the amount of $5,000.00
f. Plaintiff shall be awarded post-judgment interest at the rate of 6.77% per annum from the date of this Final Judgment until payment in full of the judgment for which let execution issue forthwith.
