9 Fla. L. Weekly Supp. 712a
Insurance — Attorney’s fees — Prevailing insurer — Order determining reasonable attorney’s fees and costs — Trial judge who entered order awarding fees and costs is asked to clarify whether judgment is to entered against insured only or against insured and/or professional association
SUSAN WHITNEY, Plaintiff, vs. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant. County Court, 13th Judicial Circuit in and for Hillsborough County, Small Claims Division. Case No. 97-14931-SC, Division K. August 12, 2002. Eric R. Myers, Judge. Counsel: William C. Rocker, for Plaintiff. Karen A. Barnett, Barnett & Associates, P.A., Tampa, for Defendant.
ORDER
This cause having come before the Court on July 8, 2002, in order for the Court to make a determination as to reasonable attorney’s fees expended by defense counsel in this matter and additional costs to be assessed, and the Court having previously heard argument of counsel, having taken testimony from witnesses, having reviewed time records and being otherwise fully advised in the issues, hereby finds as follows:
1. That the hourly rates reflected by defense counsel and paralegal staff in their affidavits are reasonable.
2. That the Court finds that all but $65.00 worth of defense time was reasonably and necessary incurred in the defense of this matter from the time the Court set entitlement in this cause.
3. That the defense reasonably expended $250.00 in costs to retain Attorney Paula Rousselle as their expert for purposes of attorney’s fees in this matter.
WHEREUPON, Defendant shall recover the sum of $15,092.50 in attorney’s fees, which sum shall accrue interest from the date the Court determined Defendant’s entitlement to attorney’s fees(October 24, 2000), and an additional $250.00 in taxable costs.
The Court shall forgo the entry of a Supplemental Final Judgmentuntilsuch time as a determination is made on the pending issue relating to whether thejudgment should be entered just as to Susan Whitney or as to Susan Whitney and/or Timothy A. Patrick, P.A.
The Court hereby retains jurisdiction for the purposes of clarifying the Court’s Order, awarding attorney’s fees in this case and hereby directs that The Honorable Gaston J. Fernandez shall specifically address and clarify the Order as to attorney’s fees,as he was the presiding judge at the time the Order was entered.
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