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1'c tion. There are other exam Ies such as some hearin s ~
dup i a p . 9,
research and other matters. However, the Court does not feel the
duplication is to the same extent as opined by the expert
witnesa for Plain~iff.
Accordingly, the Court finds the time reasonable expended by
the attorney for the Defendant in this caae to be 18 hours.
The next $tep for the Caurt is to determine the reasonable
~
hourly rate due to Defendant's attorney for this type of
litigation. The Court has considered all af the criteria for
this issue as set forth in Rowe and the testimony af the
witnesses. It finds a reasonable rate for Defendant's attorney to
be $150.00 per hour.
Based upon the foregoing, the lodeatar result in this case
is $2,700.Q0.
When a prevailing party's counsel is employed on a
contingency basis, Rowe at 1151 requries the trial court to
consider a contingency risk factor in awarding attorneys fees.
While the Court does not have a problem with Defendant's counsel
handling this case on a contingency basis, it is concerned about
the fact that the arrangement was not reduced to writing. Rule
4- 1.511) and (2) of the rules Regulating The Elorida Bar
require all contingent fee contracts to be in writing.
However, under the "PREAMBLE; Scope" of the Rules, it
appears clear to the Court that they are not ta be utilized by
opposing parties as a defense in cases such as this. Therefore,
this Court should eonsider the contingency risk factor and it
I, feels a multiplier of 2.0 to be reasonable.
~ It is thereupon
ORDERED AND ADJUDGED that Defendants, EREDERICK L. ANDREOLI
~ and MARY M. ANDREOLI, his wife, do have and recover from
Plaintiff, THE ATLANTIS BUILDING B. CONDOMINIUM ASSOCIATION,
INC., as reasonable attorneys fees in this matter the sum of
$5,400.00 for which let execution issue. This judgment shall
.
sooK 568 P~~E 917
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