18 Fla. L. Weekly Supp. 399a
Online Reference: FLWSUPP 1804CHAV
Insurance — Attorney’s fees — Amount — Expert witness fees and prejudgment interest awarded
REGIONAL CHIROPRACTIC as assignee of YAMILETH CHAVARRIA, Plaintiff, vs. USAA CASUALTY INSURANCE COMPANY, Defendant. County Court, 9th Judicial Circuit in and for Orange County. Case No. 4809-CC-1982-O, Division 72. August 17, 2010. Honorable Wilfredo Martinez, Judge. Counsel: Wendy L. Pepper, Rissmann, Barrett, Hurt, Donahue & McLain, P.A., Tampa, for Defendant.
FINAL JUDGMENT ON PLAINTIFF’S MOTION FOR ATTORNEY’S FEES AND COSTS
THIS CAUSE was heard before the Court for hearing on Wednesday, August 3, 2010, on Plaintiff’s Motion for Attorney’s Fees and Costs. The Court having considered the testimony and evidence submitted by counsel for the Plaintiff and Defendant, the Court having also considered expert testimony presented by both Plaintiff and Defendant regarding a reasonable fee and reasonable number of hours expended, the Court, based on all the foregoing, hereby makes the following findings of fact and conclusions of law:
1. Plaintiff’s attorneys are entitled to a reasonable attorneys’ fee and costs incurred in the prosecution of the above-styled cause.
2. The attorneys for Plaintiff in this case are JAMES J. DYE and JOSEPH M. DEFRANCO.
3. 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); Florida Patient’s Compensation Fund v. Rowe, 472 So.2d 1145 (Fla. 1985); and Bell v. U.S.B. Acquisition Co., Inc., 734 So.2d 403 (Fla. 1999).
4. The reasonable hours expended during the prosecution of Plaintiff’s case as to JAMES J. DYE, ESQUIRE shall be 8.0.
5. The reasonable hours expended during the prosecution of Plaintiff’s case as to JOSEPH M. DEFRANCO, ESQUIRE shall be 18.0.
6. This Court finds a reasonable hourly rate for JAMES J. DYE, ESQUIRE shall be $325 per hour.
7. This Court finds a reasonable hourly rate for JOSEPH M. DEFRANCO, ESQUIRE, shall be $250 per hour.
8. Plaintiff did not seek a multiplier.
9. As to Kevin Weiss, Plaintiff’s expert witness:
a. Plaintiff, Regional Chiropractic Group, is entitled to recover the expert witness fee of attorney Kevin Weiss, based upon the holding and reasoning contained in the case of Travieso v. Travieso, 474 So. 2d 1184 (Fla. 1985); and that
b. 7 hours is a reasonable amount of hours; and
c. $375 per hour is a reasonable hourly rate.
WHEREFORE, IT IS ORDERED AND ADJUDGED as follows:
10. Plaintiff’s Motion for Attorneys’ Fees and Costs is GRANTED, for which let execution issue forthwith:
A. Plaintiff is entitled to a reasonable attorney’s fee in the amount of $7,100.00 to be paid by the Defendant.
B. Plaintiff is entitled to recover an expert witness fee in the amount of $2,625.00 to be paid by the Defendant.
C. Defendant shall pay the foregoing amounts to counsel for the Plaintiff within ten (10) days of the entry of this Order.
D. Prejudgment interest shall accrue from March 4, 2010 through the date of entry of this Order in the amount of $174.97 (AMOUNT OF ATTORNEYS’ FEES/COSTS AWARDED).
