FINAL JUDGMENT - Florida Courts



IN THE COUNTY COURT OF THE ELEVENTH JUDICIAL CIRCUITIN AND FOR MIAMI-DADE COUNTY, FLORIDA CASE NO: ,Plaintiff,vs. Defendant.______________________________/ORDER AND FINAL JUDGMENT AWARDING ATTORNEY’S FEES AND COSTSTHIS CAUSE CAME ON TO BE HEARD upon Plaintiff’s/Defendant’s Motion for Determination of Amount of Reasonable Attorney’s fees and taxable costs, and this Court having considered argument of counsel for the parties, regarding inter alia, services performed, time and expertise required, the nature of the suit, the amount in controversy, and the results obtained, and having examined time records of Plaintiff’s counsel and the entire Court file, and this Court being otherwise fully advised in the premises, it is herebyORDERED AND ADJUDGED:This action was brought by Plaintiff/Defendants for PIP benefits. This action sought coverage from the defendant/insurer. The Plaintiff prevailed and thereby the Court finds Plaintiff entitled to a recovery of the reasonable attorney’s fees.The issues, for consideration by this Court are to determine the reasonable hours expended by Name of the Attorney(s) and at what hourly rates. This Court determines, sitting in its factual finding capacity, that the reasonable hours expended by Name of Attorney 1, in the representation of the Plaintiff in this case are (Leave Blank court will fill in number unless stipulated to) hours. These finding are based upon Florida Patients Compensation Fund v. Rowe and Standard Guaranty Ins. Co. v. Quanstrom.This Court determines, sitting in its factual finding capacity, that the reasonable hourly rate for the work performed by counsel, Name of Attorney 1, is (Leave Blank court will fill in number unless stipulated to) per hour; these findings are based upon 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.Accordingly, this Court finds that the reasonable hourly rates times the reasonable (respective) hours equals $(Leave Blank court will fill in number unless stipulated to) which represents the “lodestar” for the attorney’s fees to be awarded to Name of the Attorney 1., in this matter.The Court further finds that Name of the Attorney 1, is entitled to prejudgment interest on the above “lodestar” fee at a rate of (Rate Per Annum) as determined by s. 55.03 Fla. Stat. from (MONTH DAY AND YEAR) through (MONTH DAY AND YEAR), (# OF DAYS) days at the rate of (Daily Rate as a Decimal) per day which equals $(Leave Blank court will fill in).This Court determines, sitting in its factual finding capacity, that the reasonable hours expended by Name of Attorney 2, in the representation of the Plaintiff in this case are (Leave Blank court will fill in number unless stipulated to) hours. These finding are based upon Florida Patients Compensation Fund v. Rowe and Standard Guaranty Ins. Co. v. Quanstrom.This Court determines, sitting in its factual finding capacity, that the reasonable hourly rate for the work performed by counsel, Name of Attorney 2, is (Leave Blank court will fill in number unless stipulated to) per hour; these findings are based upon 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.Accordingly, this Court finds that the reasonable hourly rates times the reasonable (respective) hours equals $(Leave Blank court will fill in number unless stipulated to) which represents the “lodestar” for the attorney’s fees to be awarded to Name of the Attorney 2., in this matter.The Court further finds that Name of the Attorney, is entitled to prejudgment interest on the above “lodestar” fee at a rate of (Rate Per Annum) as determined by s. 55.03 Fla. Stat. from (MONTH DAY AND YEAR) through (MONTH DAY AND YEAR), (# OF DAYS) days at the rate of (Daily Rate as a Decimal) per day which equals $(Leave Blank court will fill in). The court awards taxable costs in the amount of $(Leave Blank court will fill in number unless stipulated to).The Court finds that a reasonable hourly rate for the time expended by Plaintiff’s expert, (Name of Expert)., to be $ (Leave Blank court will fill in number unless stipulated to) per hour.The Court finds that $(Leave Blank court will fill in number unless stipulated to) hours were reasonably expended by Plaintiff’s expert counsel, NAME OF EXPERT., as costs in the underlying case.The Court finds that the fees awarded: (a) Comply with prevailing professional standards; (b) Do not overstate or inflate the number of hours reasonably necessary for a case of comparable skill or complexity; and (c) Represent legal services that are reasonable and necessary to achieve the result obtained. (Florida Statute §627.736(8) (2013)).FINAL JUDGMENTIn the view of the foregoing, it is hereby:ORDERED AND ADJUDGED that counsel for the Plaintiff’s counsel Peter G. (Attorney 1, Attorney 2 etc.)., shall recover from Defendant, the sum of $(Leave Blank court will fill in number unless stipulated to )for attorney’s fees, costs, that shall bear prejudgment interest from (MONTH DAY AND YEAR), in the amount of $(Leave Blank court will fill in number unless stipulated to ) which total $(Leave Blank court will fill in number unless stipulated to ), which shall bear interest at the rate of a year from (MONTH DAY AND YEAR); this amount is payable to: (Attorney 1) and delivered address, for which amount let execution issue.IT IS FURTHUR ORDERED AND ADJUDGED that Defendant shall issue payment in favor of Plaintiff’s expert Plaintiff’s expert, NAME OF EXPERT payable to the NAME OF Expert or Firm. and delivered to address for $(Leave Blank court will fill in number unless stipulated to) which shall bear interest at the rate of (Rate Per Annum) a year from (MONTH DAY AND YEAR), for which amount let execution issue.DONE AND ORDERED in Chambers at Miami, Dade County, Florida this day of 20. _______________________________________ HONORABLE JUDGE DIANAGONZALEZ-WHYTECopies furnished to:Counsel of record ................
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