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Filing # 97603588 E-Filed 10/21/2019 02:38:24 PM
1932201/4
IN THE CIRCUIT COURT OF THE 19TH JUDICIAL
CIRCUIT IN AND FOR INDIAN RIVER COUNTY
CASE NO. 312019CA000232
LEAH M. HUBBARD,
Plaintiff,
ve
E. CLAYTON YATES, P.A.,
Defendant.
/
DEFENDANT’S MOTION TO TAX COSTS
Defendant, E. CLAYTON YATES, P.A., pursuant to the provisions of Section
57.041, Florida Statutes, moves this Honorable Court for the entry of a Judgment taxing
costs against the Plaintiff, Leah M. Hubbard, for the reasons stated herein.
MEMORANDUM OF LAW AND ARGUMENT
This is a legal malpractice case. As established in Exhibit “1”, a Final Judgment
was entered in favor of the Defendant, E. CLAYTON YATES, P.A., on October 10, 2019.
As the prevailing party, Defendant is entitled to taxable litigation costs under Section
57.041, Florida Statutes and the Statewide Uniform Guidelines of Taxable Costs in Civil
Actions in Florida.
As established in the Affidavit of the undersigned, Exhibit “2”, Defendant seeks
taxable costs in the amount of $240.00 for court reporter appearance fees. Said costs are
taxable under the Statewide Uniform Guidelines. The costs sought in this motion are
separate and distinct from the attorney's fees sought in Defendant's separately filed
Motion to Determine Entitlement to, and Amount of, its Attorney's Fees.CASE NO. 312019CA000232
Accordingly, this Honorable Court should enter a taxable cost Judgment in favor
of Defendant in the amount of $240.00.
WHEREFORE, the Defendant, E. CLAYTON YATES, P.A., respectfully requests
that this Honorable Court (1) enter a Judgment awarding this Defendant its taxable
litigation costs in the amount of $240.00, and, (2) for the Court to grant all other relief it
deems just and proper.
CERTIFICATE OF SERVICE
| HEREBY CERTIFY that a copy hereof has been furnished by service through the
eportal to Leah M. Hubbard, 2046 79th Avenue, Vero Beach, FL 32966, Pro Se, Leah
Hubbard, teahhubbard0706@gmail.com, on this _21st day of __ October , 2019.
CONROY SIMBERG
Attorney for Defendant, E. Clayton Yates, P.A.
4801 Centrepark Drive East, Suite 200
West Palm Beach, FL 33401
Telephone: (561) 697-8088
Facsimile: (561) 697-8664
Primary Email: eservicewpb@conroysimberg.com
Secondary Email: jrubin@conroysimberg.com
By: _Is/ Gelfrey %. Rubiw
Jeffrey K. Rubin, Esquire
Florida Bar No. 42084Exhibit “1”Filing # 97319301 E-Filed 10/15/2019 04:01:44 PM
IN THE CIRCUIT COURT OF THE 49TH JUDICIAL
CIRCUIT IN AND FOR INDIAN RIVER COUNTY,
FLORIDA
CASE NO, 312019CA00232
(CONSOLIDATED WITH CASE NO. 2018 CC 001057)
LEAH M. HUBBARD,
Plaintiff,
Vv.
E. CLAYTON YATES, P.A.,
Defendant.
/
EEE Se
ORDER GRANTING DEFENDANT, E. CLAYTON YATES, P.A.’S, MOTION
FOR FINAL SUMMARY JUDGMENT,
AND,
FINAL JUDGMENT IN FAVOR OF THE DEFENDANT
FINAL JUDGMENT IN FAVOR OF EE ——E——r_r_eerer
THIS CAUSE having come on to be heard on the Defendant, E. CLAYTON
YATES, P.A.’s, Motion for Final Summary Judgment, and the Court having
reviewed the Defendant's Motion, Defendant's Supplemental Memorandum of Law
filed on or about August 19, 2019, the materials filed by Plaintiff, and being
otherwise advised in the premises, it is hereupon,
ORDERED and ADJUDGED that the Defendant, E. CLAYTON YATES,
P.A.'s, Motion r Final Summary Judgment is GRANTED et the Court S
tra nef {Ss SO ocED that the Plaintiff, LEAH HUBBARD, shall take nothing by
this action and the Defendant, E. CLAYTON YATES, P.A., shall go hence without
day. This Court expressly reserves jurisdiction to determine the Defendant'sCASE NO, 312019CA00232
ORDER GRANTING DEFENDANT, E. CLAYTON YATES, P.A.’S, MOTION FOR FINAL
SUMMARY JUDGMENT, AND, FINAL JUDGMENT IN FAVOR OF THE DEFENDANT
entitlement to taxable costs and attorney's fees upon proper motion(s) filed by the
Defendant. ,
DONE AND ORDERED in Chambers, at Vero Beach, Indian River County,
Florida, this /CQ_ day of _QcfGer 2019.
ranoR ee hie CARNEY CROOM
CIRCUIT COURT JUDGE
Copies furnished to:
Jeffrey K. Rubin, Esquire, Conroy Simberg, Defendant's counsel, 1801 Centrepark
Drive East, Suite 200, West Palm Beach, FL 33401, jrubIn@conroysimberg.com,
eservicewpb@conroysimberg.com
Leah M. Hubbard, Plaintiff Pro Se, leahhubbard0708@amail.com, 2046 79th Avenue, _
Vero Beach, FL 32966 |
E. Clayton Yates, Esq., Counsel for Defendant / Counter-Plaintiff fh consolidated case,
cyates@feeyateslaw.com, Fee, Yates & Fee, PLLC, 426 Avenue A, Fort Pierce, Florida
34950
Patrick MacRae, Esq., Counsel for Plaintiff (limited appearance), 1358 Bayshore Drive,
Fort Pierce, FL 34949, attorneymacrae@yahoo.comExhibit “2”IN THE CIRCUIT COURT OF THE 19TH JUDICIAL
CIRCUIT IN AND FOR INDIAN RIVER COUNTY
CASE NO. 312019CA00232
LEAH HUBBARD,
Plaintiff,
ve
E. CLAYTON YATES, P.A.,
Defendant.
/
AFFIDAVIT OF JEFFREY K. RUBIN, ESQUIRE IN SUPPORT OF
DEFENDANT’S MOTION TO TAX COSTS
DEFER __—_ExyxyEEEEeeeeeser =
STATE OF FLORIDA )
COUNTY OF PALM BEACH )
COMES NOW, the undersigned, JEFFREY K. RUBIN, ESQUIRE, who after being
first duly sworn upon oath deposed and stated as follows:
1.
2.
My name is Jeffrey K. Rubin, Esquire.
lam over the age of 18 and competent to testify to the following which is
based on personal knowledge.
Since September 20, 2007, | have been a member in good standing of The
Florida Bar.
Since September 6, 2011, | have practiced law at Conroy Simberg, PA.
| have served as counsel for Defendant, E. Clayton Yates, P.A., in the
above-referenced action since April 2019.
I
|
1JEFFREY K. RUBIN, ESQUIRE
CASE NO. 312019CA00232
AFFIDAVIT OF JEFFREY K. RUBIN, ESQUIRE
Pursuant to the Statewide Uniform Guidelines of Taxation of Costs in Civil
Actions, the Defendant has incurred $240.00 in taxable costs for court
reporter appearance fees from U.S. Legal Support for two hearings in this
matter. Copies of those invoices for court reporter appearance fees are
attached hereto as Composite Exhibit “A”.
The taxable costs sought herein were necessary for the defense of this
action, for which the Defendant was the prevailing party.
The taxable costs sought herein separate and distinct from the attorney’s
fees sought and for whicft a\separate motion was filed.
SWORN TO AND SUBSCRIBED before me this 2/_day of _ Get 2019
Chee frat
NOTARY PUBLIC, State of Florida
Skkew 3D. Fategtan
(Print, type or Stamp Commissioned Name of Notary Public)
Personally Know i“ Or Produced Identification
Type of Identification Produced
»
My Commission Expires:Exhibit “A” to the
AffidavitU.S. Legal Support, Inc.
444 West Railroad Avenue
Suite 300
West Palm Beach FL 33401
Phone:561-835-0220 Fax:561-835-3583
Jeffrey Rubin, Esquire
Conroy Simberg, P.A.
1801 Centrepark Drive East
Suite 200
West Palm Beach FL 33401
INVOICE
Invoice No. Invoice Date Job No.
120387104 10/45/2019 2024484
Job Date Case No.
10/30/2019 312018CA000232
Case Name
‘Leah Hubbard vs. E. Clayton Yates, P.A.
po
Payment Terms
Due upon recelpt
Non-Transcribed Hearing Before:
Judge Janet Croom
Hearing Attendance: First Hour
Processing & Archival
“Thank you for choosing U.S. Legal Support!
please contact us irmediztely with questions or corrections regerding bing or payment.
95.00 95.00
25.00 25,00
TOTAL DUE >>> $120.00
No adjustments or refunds will be made after 120 cays from date of payments.
Tax ID: 76-0523238 Phone: 561-697-8088 Fax:S61-697-8664
Please detach bottom portion and return with payment,
Job No. + 2024484 BUID 2 S3-WPB.
Jeffrey Rubin, Esquire CaseNo. + 312019CA000232
Conroy Simbera, P-A.
1801 Centrepark Drive East
Suite 200
West Palm Beach FL 33401
Remit To: U.S. Legal Support, Inc.
P.O, Box 4772-12
Houston TX 77210-4772
Case Name + Leah Hubbard vs. E, Clayton Yates, P.A.
Invoice No, + 120387104 Invoice Date. : 10/15/2019
Total Due $120.00
older 7
Card a
_ Date: ett:
dress:
Zip: ri i
mount to ge:
Cardholder's Signature:U.S, Legal Support, Inc.
444 West Railroad Avenue
Suite 300
West Palm Beach FL 33401
Phone:561-835-0220 Fax:561-835-3583
Jeffrey Rubin, Esquire
INVOICE
Invoice No. Invoice Date Job No.
120350280 7/24/2019 1973564
Job Date Case No,
7/24/2019 312019CA000232
* Case Name
po SO OE
Leah Hubbard vs. E. Clayton Yates, P.A.
Conroy Simberg, P.A. Payment Terms
1801 Centrepark Drive East ;
Dt
Suite 200 ue upon receipt
West Palm Beach FL. 33401
Hearing Before:
Judge Janet Croom
Heating Attendance: First Hour 95.00 95.00
Processing & Archival 25.00 25.00
DN
TOTAL DUE >>> $120.00
srease contact us imeditly wth questions or cored regarding bling or payment
No adjustments of refunds wil be made after 120 days from date of payments. |
Tax ID: 76-0523238
Jeffrey Rubin, Esquire
Conroy Simberg, P.A.
1801 Centrepark Drive East
Suite 200
‘West Palm Beach FL 33401
Remit To: U.S. Legal Support, Inc.
P.O, Box 4772-12
Houston TX 77210-4772
Phone: 561-697-8088 Fax:S61-697-8664
Please detach bottom portion and return with payment,
Job No, + 1973564 BUID :53-WPB
Case No. : 312019CA000232
Case Name Leah Hubbard vs. E. Clayton Yates, P.A.
Invoice No. : 120350280 Invoice Date: 7/24/2019
Total Due = :_: $120.00
PAYME! cRI
‘dholder's
Number:
Exp. Date: hot
i idress:
Zip: 1rd Secu de:
to Charge:
Cardholder's Signature:
Preview
Filing # 97603588 E-Filed 10/21/2019 02:38:24 PM 1932201/4 IN THE CIRCUIT COURT OF THE 19TH JUDICIAL CIRCUIT IN AND FOR INDIAN RIVER COUNTY CASE NO. 312019CA000232 LEAH M. HUBBARD, Plaintiff, ve E. CLAYTON YATES, P.A., Defendant. / DEFENDANT’S MOTION TO TAX COSTS Defendant, E. CLAYTON YATES, P.A., pursuant to the provisions of Section 57.041, Florida Statutes, moves this Honorable Court for the entry of a Judgment taxing costs against the Plaintiff, Leah M. Hubbard, for the reasons stated herein. MEMORANDUM OF LAW AND ARGUMENT This is a legal malpractice case. As established in Exhibit “1”, a Final Judgment was entered in favor of the Defendant, E. CLAYTON YATES, P.A., on October 10, 2019. As the prevailing party, Defendant is entitled to taxable litigation costs under Section 57.041, Florida Statutes and the Statewide Uniform Guidelines of Taxable Costs in Civil Actions in Florida. As established in the Affidavit of the undersigned, Exhibit “2”, Defendant seeks taxable costs in the amount of $240.00 for court reporter appearance fees. Said costs are taxable under the Statewide Uniform Guidelines. The costs sought in this motion are separate and distinct from the attorney's fees sought in Defendant's separately filed Motion to Determine Entitlement to, and Amount of, its Attorney's Fees.CASE NO. 312019CA000232 Accordingly, this Honorable Court should enter a taxable cost Judgment in favor of Defendant in the amount of $240.00. WHEREFORE, the Defendant, E. CLAYTON YATES, P.A., respectfully requests that this Honorable Court (1) enter a Judgment awarding this Defendant its taxable litigation costs in the amount of $240.00, and, (2) for the Court to grant all other relief it deems just and proper. CERTIFICATE OF SERVICE | HEREBY CERTIFY that a copy hereof has been furnished by service through the eportal to Leah M. Hubbard, 2046 79th Avenue, Vero Beach, FL 32966, Pro Se, Leah Hubbard, teahhubbard0706@gmail.com, on this _21st day of __ October , 2019. CONROY SIMBERG Attorney for Defendant, E. Clayton Yates, P.A. 4801 Centrepark Drive East, Suite 200 West Palm Beach, FL 33401 Telephone: (561) 697-8088 Facsimile: (561) 697-8664 Primary Email: eservicewpb@conroysimberg.com Secondary Email: jrubin@conroysimberg.com By: _Is/ Gelfrey %. Rubiw Jeffrey K. Rubin, Esquire Florida Bar No. 42084Exhibit “1”Filing # 97319301 E-Filed 10/15/2019 04:01:44 PM IN THE CIRCUIT COURT OF THE 49TH JUDICIAL CIRCUIT IN AND FOR INDIAN RIVER COUNTY, FLORIDA CASE NO, 312019CA00232 (CONSOLIDATED WITH CASE NO. 2018 CC 001057) LEAH M. HUBBARD, Plaintiff, Vv. E. CLAYTON YATES, P.A., Defendant. / EEE Se ORDER GRANTING DEFENDANT, E. CLAYTON YATES, P.A.’S, MOTION FOR FINAL SUMMARY JUDGMENT, AND, FINAL JUDGMENT IN FAVOR OF THE DEFENDANT FINAL JUDGMENT IN FAVOR OF EE ——E——r_r_eerer THIS CAUSE having come on to be heard on the Defendant, E. CLAYTON YATES, P.A.’s, Motion for Final Summary Judgment, and the Court having reviewed the Defendant's Motion, Defendant's Supplemental Memorandum of Law filed on or about August 19, 2019, the materials filed by Plaintiff, and being otherwise advised in the premises, it is hereupon, ORDERED and ADJUDGED that the Defendant, E. CLAYTON YATES, P.A.'s, Motion r Final Summary Judgment is GRANTED et the Court S tra nef {Ss SO ocED that the Plaintiff, LEAH HUBBARD, shall take nothing by this action and the Defendant, E. CLAYTON YATES, P.A., shall go hence without day. This Court expressly reserves jurisdiction to determine the Defendant'sCASE NO, 312019CA00232 ORDER GRANTING DEFENDANT, E. CLAYTON YATES, P.A.’S, MOTION FOR FINAL SUMMARY JUDGMENT, AND, FINAL JUDGMENT IN FAVOR OF THE DEFENDANT entitlement to taxable costs and attorney's fees upon proper motion(s) filed by the Defendant. , DONE AND ORDERED in Chambers, at Vero Beach, Indian River County, Florida, this /CQ_ day of _QcfGer 2019. ranoR ee hie CARNEY CROOM CIRCUIT COURT JUDGE Copies furnished to: Jeffrey K. Rubin, Esquire, Conroy Simberg, Defendant's counsel, 1801 Centrepark Drive East, Suite 200, West Palm Beach, FL 33401, jrubIn@conroysimberg.com, eservicewpb@conroysimberg.com Leah M. Hubbard, Plaintiff Pro Se, leahhubbard0708@amail.com, 2046 79th Avenue, _ Vero Beach, FL 32966 | E. Clayton Yates, Esq., Counsel for Defendant / Counter-Plaintiff fh consolidated case, cyates@feeyateslaw.com, Fee, Yates & Fee, PLLC, 426 Avenue A, Fort Pierce, Florida 34950 Patrick MacRae, Esq., Counsel for Plaintiff (limited appearance), 1358 Bayshore Drive, Fort Pierce, FL 34949, attorneymacrae@yahoo.comExhibit “2”IN THE CIRCUIT COURT OF THE 19TH JUDICIAL CIRCUIT IN AND FOR INDIAN RIVER COUNTY CASE NO. 312019CA00232 LEAH HUBBARD, Plaintiff, ve E. CLAYTON YATES, P.A., Defendant. / AFFIDAVIT OF JEFFREY K. RUBIN, ESQUIRE IN SUPPORT OF DEFENDANT’S MOTION TO TAX COSTS DEFER __—_ExyxyEEEEeeeeeser = STATE OF FLORIDA ) COUNTY OF PALM BEACH ) COMES NOW, the undersigned, JEFFREY K. RUBIN, ESQUIRE, who after being first duly sworn upon oath deposed and stated as follows: 1. 2. My name is Jeffrey K. Rubin, Esquire. lam over the age of 18 and competent to testify to the following which is based on personal knowledge. Since September 20, 2007, | have been a member in good standing of The Florida Bar. Since September 6, 2011, | have practiced law at Conroy Simberg, PA. | have served as counsel for Defendant, E. Clayton Yates, P.A., in the above-referenced action since April 2019. I | 1JEFFREY K. RUBIN, ESQUIRE CASE NO. 312019CA00232 AFFIDAVIT OF JEFFREY K. RUBIN, ESQUIRE Pursuant to the Statewide Uniform Guidelines of Taxation of Costs in Civil Actions, the Defendant has incurred $240.00 in taxable costs for court reporter appearance fees from U.S. Legal Support for two hearings in this matter. Copies of those invoices for court reporter appearance fees are attached hereto as Composite Exhibit “A”. The taxable costs sought herein were necessary for the defense of this action, for which the Defendant was the prevailing party. The taxable costs sought herein separate and distinct from the attorney’s fees sought and for whicft a\separate motion was filed. SWORN TO AND SUBSCRIBED before me this 2/_day of _ Get 2019 Chee frat NOTARY PUBLIC, State of Florida Skkew 3D. Fategtan (Print, type or Stamp Commissioned Name of Notary Public) Personally Know i“ Or Produced Identification Type of Identification Produced » My Commission Expires:Exhibit “A” to the AffidavitU.S. Legal Support, Inc. 444 West Railroad Avenue Suite 300 West Palm Beach FL 33401 Phone:561-835-0220 Fax:561-835-3583 Jeffrey Rubin, Esquire Conroy Simberg, P.A. 1801 Centrepark Drive East Suite 200 West Palm Beach FL 33401 INVOICE Invoice No. Invoice Date Job No. 120387104 10/45/2019 2024484 Job Date Case No. 10/30/2019 312018CA000232 Case Name ‘Leah Hubbard vs. E. Clayton Yates, P.A. po Payment Terms Due upon recelpt Non-Transcribed Hearing Before: Judge Janet Croom Hearing Attendance: First Hour Processing & Archival “Thank you for choosing U.S. Legal Support! please contact us irmediztely with questions or corrections regerding bing or payment. 95.00 95.00 25.00 25,00 TOTAL DUE >>> $120.00 No adjustments or refunds will be made after 120 cays from date of payments. Tax ID: 76-0523238 Phone: 561-697-8088 Fax:S61-697-8664 Please detach bottom portion and return with payment, Job No. + 2024484 BUID 2 S3-WPB. Jeffrey Rubin, Esquire CaseNo. + 312019CA000232 Conroy Simbera, P-A. 1801 Centrepark Drive East Suite 200 West Palm Beach FL 33401 Remit To: U.S. Legal Support, Inc. P.O, Box 4772-12 Houston TX 77210-4772 Case Name + Leah Hubbard vs. E, Clayton Yates, P.A. Invoice No, + 120387104 Invoice Date. : 10/15/2019 Total Due $120.00 older 7 Card a _ Date: ett: dress: Zip: ri i mount to ge: Cardholder's Signature:U.S, Legal Support, Inc. 444 West Railroad Avenue Suite 300 West Palm Beach FL 33401 Phone:561-835-0220 Fax:561-835-3583 Jeffrey Rubin, Esquire INVOICE Invoice No. Invoice Date Job No. 120350280 7/24/2019 1973564 Job Date Case No, 7/24/2019 312019CA000232 * Case Name po SO OE Leah Hubbard vs. E. Clayton Yates, P.A. Conroy Simberg, P.A. Payment Terms 1801 Centrepark Drive East ; Dt Suite 200 ue upon receipt West Palm Beach FL. 33401 Hearing Before: Judge Janet Croom Heating Attendance: First Hour 95.00 95.00 Processing & Archival 25.00 25.00 DN TOTAL DUE >>> $120.00 srease contact us imeditly wth questions or cored regarding bling or payment No adjustments of refunds wil be made after 120 days from date of payments. | Tax ID: 76-0523238 Jeffrey Rubin, Esquire Conroy Simberg, P.A. 1801 Centrepark Drive East Suite 200 ‘West Palm Beach FL 33401 Remit To: U.S. Legal Support, Inc. P.O, Box 4772-12 Houston TX 77210-4772 Phone: 561-697-8088 Fax:S61-697-8664 Please detach bottom portion and return with payment, Job No, + 1973564 BUID :53-WPB Case No. : 312019CA000232 Case Name Leah Hubbard vs. E. Clayton Yates, P.A. Invoice No. : 120350280 Invoice Date: 7/24/2019 Total Due = :_: $120.00 PAYME! cRI ‘dholder's Number: Exp. Date: hot i idress: Zip: 1rd Secu de: to Charge: Cardholder's Signature: