7 Fla. L. Weekly Supp. 150a
Attorney’s fees — Insurance — Fees awarded to insured’s assignee — Contingency risk multiplier not appropriate in instant case
KHALAF HEALTH CENTER, INC., (As Assignee of Tony Octelis), Plaintiff, v. ALLSTATE INSURANCE COMPANY, Defendant. County Court, 6th Judicial Circuit in and for Pinellas County, Small Claims Division. Case No. 98006360SC-044. November 10, 1999. Karl B. Grube, Judge.
ORDER ON PLAINTIFF’S MOTION FOR ATTORNEY’S FEES AND COSTS
THIS CAUSE, having come to be heard before the Court for hearing on October 25, 1999, on Plaintiff’s’ Motion for Attorney’s Fees and Costs. The Court has considered the testimony submitted in evidence by counsel for the Plaintiff and Defendant. The Court has also considered the expert testimony presented by both Plaintiff and Defendant regarding a reasonable fee, reasonable number of hours expended and whether a multiplier should be applied in the present case. Based on all the foregoing, the Court hereby makes the following findings of fact and conclusions of law:
1. Plaintiff’s attorney is entitled to a reasonable attorney’s fee and costs incurred in the prosecution of the above styled cause.
2. The attorney for the Plaintiff in this case is Timothy A. Patrick, Esquire.
3. The reasonable hours expended during the prosecution of the Plaintiff’s case shall be:
a. Timothy A. Patrick, Esquire 18.5 hours.
4. In light of the number of hours presented by evidence, a reasonable hourly rate shall be:
a. Timothy A. Patrick, Esquire $ 175.00 per hour.
5. The lodestar amount shall be determined from the reasonable hourly rate multiplied by the number of reasonable hours:
a. John Futchko, Esquire
$175.00 X 18.5 (hours) = $3,237.50
Lodestar Total: $3,237.50
6. After consideration of the evidence presented, the applicable Florida statutes and the relevant case law of Rowe and Quanstrom, this Court finds that the application of a contingency risk multiplier is not appropriate for this case.
7. The Court finds that Plaintiff is entitled to recover court costs in the amount of $ 141.50 for filing costs.
8. The Court finds that the Plaintiff’s attorney’s expert, Guy Gilbert is entitled to $ 900.00.
WHEREFORE, IT IS ORDERED AND ADJUDGED as follows:
A. Plaintiff is entitled to reasonable attorney’s fees to be paid by the Defendant in the amount of $3,237.50 .
B. Plaintiff is entitled to a reasonable cost for expert witness Guy Gilbert to be paid by the Defendant in the amount of $ 900.00.
C. Plaintiff is entitled to court costs of $ 141.50 .
D. Plaintiff is entitled to prejudgment interest in the amount of $ 323.75 .
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