28 Fla. L. Weekly Supp. 156b
Online Reference: FLWSUPP 2802OLEC
Insurance — Attorney’s fees — Amount
PHYSICIANS GROUP, LLC a/a/o Heather Olechnowicz, Plaintiff, v. GEICO INDEMNITY COMPANY, Defendant. County Court, 12th Judicial Circuit in and for Sarasota County, Civil Division. Case No. 2017-SC-007830 NC. March 27, 2020. Phyllis Galen, Judge. Counsel: George Milev, Milev Law LLC, Key Biscayne, for Plaintiff. Stephanie Hoffman, Ft. Myers, for Defendant.
FINAL JUDGMENT AWARDING ATTORNEY’S FEES AND COSTS
THIS CAUSE having come before this Court on Plaintiff’s 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 Settlement of the Underlying Claim with Stipulation for Entitlement to Fees/Costs on July 17, 2019, and pursuant to the relevant factors in Florida Patient’s Compensation Fund v. Rowe, 472 So. 2d 1145 (Fla. 1985), Standard Guarantee 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 $115.00.
3. Plaintiff’s counsel George Milev reasonably expended 40 hours.
4. The reasonable hourly rate for attorney George Milev is $ 475/hour.
5. Thus the reasonable reimbursement for attorney George Milev is 40 hours at $574.00/hour = $19,000.00.
6. 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 10.5 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 10.5 hours at $500.00 = $5,250.00.
7. 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 6.77% as applicable, set by the Florida Chief Financial Officer from the date of the Settlement of the Underlying Claim with Stipulation for Entitlement to Fees/Costs on July 17, 2019 until the entry of this Final Judgment pursuant to Quality Engineered Installation, Inc. v. Higley South, 670 So. 2d 929 (Fla. 1996) [21 Fla. L. Weekly S141a]. The pre-judgment interest is calculated to be $ 892.56
8. Therefore, Plaintiff recover from the Defendant the following:
a. Reasonable attorney’s fees in the amount of $ 19,000.00
b. Costs in the amount of $115.00
c. Interest from the Settlement of the Underlying Claim and Stipulation for Entitlement to Fees/Costs in the amount of $ 892.56
d. Expert witness fees for Anthony Barak in the amount of $5,250.00
e. For a total sum of $ 25,257.56 together with post-judgment interest at the rate of 6.83% per annum until payment in full of the judgment for which let execution issue forthwith.
