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duplication. There are other examples, such a$ some hearir,gs, ~
re~earch and other matters. However, the Caurt does not feel the
duplication is to the same extent as opined by the expert
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witness for P~aintiff. ~
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Accordingly, the Court finds the time reasonable expended by ~
the attorney for the Defendant in this case to be 10.75 hours. ;
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The next $tep for the Court is to determine the rea~onable ~
hourly rate due to Defendant's attorney for this type of
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litigation. The Court has considered all of the criteria for ;
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this issue as set forth in Rowe and the testimony of the ~
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witnesses. It finds a reasonable rate for Defendant's attorney to ~
be $150.00 per hour. 1
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Based upon the foregoing, the lodestar result in this case ~
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is $1,612.50.
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When a prevailing party's counsel is employed o~ 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 cancerned about
, the fact ~hat the arrangement was not reduced to writing. Rule
4- 1.5t1) and t2) of the rules Regulating The Florida ear
li re uire all contin ent fee contracts to be in writin .
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However, under the "PREAMBLE; Scope" of the Rules, it
appears clear to the Court that they are not to be utilized by
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opposing parties as a defense in cases such as this. Therefore,
this Court should consider the contingency risk factor and it
II~ feels a multiplier of 2.0 to be reasonable.
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~ It is thereupon
ORDERED AND ADJUDGED that Defendants, RAYMOND B. TIMM and
! SUZANNE TIMM, his wife,.do have and recover from Plaintiff, THE
ATLANTIS BUILDING B. CONDOMINIUM ASSOCIATION, INC., as reaeonable
attorneys fees in this matter the sum of $3,225.00 for which let
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eooK 5fi~ P~~E 921
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