6 Fla. L. Weekly Supp. 721a
Insurance — Personal injury protection — Attorney’s fees
FAMILY HEALTH FIRST CENTERS, INC., (a/a/o of Lennox Bhagwandeen), Plaintiff, v. FORTUNE INSURANCE COMPANY, Defendant. County Court, 13th Judicial Circuit in and for Hillsborough County. Case No. 97-20513 SC, Division H. August 20, 1999. James M. Barton, II, Judge. Counsel: Timothy A. Patrick, Patrick and Lopez, Tampa, for Plaintiff. Kathleen T. Hessinger, St. Petersburg, for Defendant.
FINAL JUDGMENT ON ATTORNEY’S FEES AND COSTS
THIS CAUSE having come to be heard on August 20th, 1999 on the Plaintiff’s and Defendant’s Motions to Tax fees and Costs and after considering the testimony and the argument of counsel, it is hereby ORDERED AND ADJUDGED:
1. Pursuant to F.S. 627.736(5) Plaintiff’s Motion to Tax Fees and Costs and it is hereby GRANTED.
2. The Court has based its decision on and applied the factors contained in Standard Guaranty Ins. Co. v. Quanstrom, 555 So. 2d 828 (Fla. 1990) and Florida Patient’s Compensation Fund v. Rowe, 472 So. 2d 1145 (Fla. 1985).
Analyzing the twelve articulated fee criteria found in Quanstrom, the Court determines that 8.5 attorney hours at the hourly rate of $185.00 per hour are reasonable.
According to the Supreme Court in Quanstrom, after the Court determines that a multiplier should apply, the sole criterion for calculating the multiplier range is the likelihood of success from the outset of the case. If success is determined as more likely than not, then the multiplier can be 1 to 1.5; if the chances of success are even, then the multiplier range is 1.5 – 2; if the odds of prevailing are low, the multiplier may vary from 2 – 2.5. Quanstrom, at p. 834. The Court finds that Plaintiff’s likelihood of success at the outset to be about even and applies a multiplier of 1.5.
3. The Court has exercised its discretion (See, Travieso v. Travieso, 474 So. 2d 1184 (Fla. 1985) and Orlando Regional Med. Ctr. v. Chmielewki, 573 So. 2d 875 (Fla. 5th DCA 1986)) and concludes that Plaintiff should be awarded its expert witness fee of 2 hours at the hourly rate of $150.00 for a total sum of $300.00.
4. The Defendant’s Motion for Attorney’s Fees and Costs be and the same is hereby DENIED.
ACCORDINGLY, the Plaintiff FAMILY HEALTH FIRST CENTERS, INC., (as assignee of Lennox Bhagwandeen), recover from the Defendant FORTUNE INSURANCE COMPANY the sum of $2,658.75, plus court costs in the amount of $166.50 for a total sum of $2,825.25 for all of which let execution issue and said sum shall draw interest at the rate of 10% per annum.
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