8 Fla. L. Weekly Supp. 456a
Attorney’s fees — Lodestar — Reasonable hourly rate — Hours reasonably expended — By agreement of parties no contingency risk multiplier to be applied — Interest on attorney’s fee award accrues from date that entitlement to attorney’s fees was established — Expert, who was required to take time away from his practice and was necessary to render opinion relating to reasonable number of hours and hourly rate and applicability of contingency fee multiplier, and by agreement, is entitled to expert witness fee
AMY HALLORAN, Plaintiff, vs. FORTUNE INSURANCE COMPANY, Defendant. County Court, 11th Judicial Circuit in and for Dade County, Civil Division. Case No. 99-8914 SP 23 (4). April 20, 2001. Mary Jo Francis, Judge. Counsel: Scott R. Clein, Mintz, Truppman, Clein & Higer, P.A., North Miami, for Plaintiff. Julie Glassman, for Defendant.
AGREED ORDER AND FINAL JUDGMENTAWARDING ATTORNEYS’ FEES
THIS CAUSE having come before the Court on Plaintiff’s Motion to Determine Amount of Attorney’s Fees Based on Appellate Court’s August 25, 2000 Ruling [7 Fla. L. Weekly Supp. 710a] and, this Court having been advised of the agreement of the parties, having reviewed the Court file, and being otherwise fully advised in the premises, it is hereby
ORDERED AND ADJUDGED:
1. The parties having agreed to the following terms with the proviso that Defendant, Fortune Insurance Company (“Fortune”), is not prejudiced in any way from pursuing its appellate rights. Fortune continues to object to the entry of the Order Granting Plaintiff’s Motion for Protective Order which precluded Fortune from deposing Plaintiff’s counsel as to his trial time and the subsequent Order Denying Fortune’s Motion for Reconsideration and Fortune asserts that the denial of the deposition prejudiced its rights and was an abuse of the court’s discretion. Should a subsequent appellate decision eliminate Plaintiff’s entitlement to appellate fees, then this Agreed Order shall not be enforceable. In the same vein, Plaintiff retains all of her appellate rights and rights to seek fees for any additional appellate work to be performed.
2. This award of fees is based upon the Appellate Court’s Order Denying Fortune’s Petition for Writ of Certiorari dated August 25, 2000, wherein the Appellate Court awarded fees to Plaintiff [Respondent] for defending against the Petition for Writ of Certiorari.
3. This Court determines that, by agreement of the parties, the reasonable number of hours expended by attorney Scott Clein for defending the Petition for Writ of Certiorari was 40hours.
4. This Court determines that, by agreement of the parties, and in conformity with all factors enumerated both in the Florida Bar Code of Ethics 4-1.5, and in the cases of Florida Patients Compensation Fund v. Rowe and Standard Guaranty Ins. Co. v. Quanstrom, that the reasonable hourly rate for the work performed by attorney Scott Clein is $250.00per hour.
5. Accordingly, this Court finds that the reasonable hourly rate times the reasonable hours equals $10,000.00,which represents the “lodestar” for the attorneys’ fees to be awarded to Plaintiff in this matter.
6. This Court hereby determines that a contingency fee agreement existed between Plaintiff’s attorneys and the Plaintiff in this matter.
7. By agreement of the parties, no contingency risk multiplier shall be applied in this case.
8. The parties agree that interest on an attorney fee award accrues from the date that entitlement to attorneys’ fees is established. In this case, entitlement to attorneys’ fees was established on August 25, 2000. Interest on the attorneys’ fees is due from the date of the confession of the entitlement. Therefore, there would be 213days of interest at 10% a year or 0.0002740% per day (according to the Office of the Comptroller). The interest due on the attorneys’ fees is $583.62.
9. The Defendant shall also pay Plaintiff $20.50as taxable costs.
10. Plaintiff’s expert, Craig Blinderman, was necessary to render an opinion relating to the reasonable number of hours, a reasonable hourly rate and the applicability of acontingency fee multiplier. Mr. Blinderman was required to take time away from his practice and, by agreement, is entitled to $500.00.
IT IS ADJUDGED that Plaintiff shall recover from Defendant, Fortune Insurance Company, the sum of Ten Thousand Six Hundred Four Dollars and Twelve Cents ($10,604.12) for attorneys’fees, interest, and costs, that shall bear interest at the rate of 10% a year fromMarch 26, 2001, and in addition shall recover the sum of$500.00(forthe expert witness fee for Craig Blinderman) for which let execution issue.
* * *
