Preview
Filing # 97545710 E-Filed 10/18/2019 04:56:59 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,
v.
E, CLAYTON YATES, P.A.,
Defendant.
/
DEFENDANT’S MOTION TO DETERMINE ENTITLEMENT TO ATTORNEY’S FEES,
AND, MOTION FOR ENTRY OF ATTORNEY’S FEE JUDGMENT
Defendant, E. CLAYTON YATES, P.A., pursuant to the provisions of Rule 1.442
of the Florida Rules of Civil Procedure and Section 768.79, Florida Statutes, moves this
Honorable Court for the entry of an Order determining its entitlement to attorneys’ fees
against the Plaintiff, LEAH HUBBARD and for entry of a Judgment in favor of the
Defendant for its reasonable attorney's fees, for the reasons set forth below.
MEMORANDUM OF LAW AND ARGUMENT
This is a legal malpractice case. On or about March 19, 2019, the Plaintiff
commenced this action by filing suit against the Defendant, E. CLAYTON YATES, P-A.
On August 2, 2019, the Defendant, E. CLAYTON YATES, P.A., sent via electronic mail a
Proposal for Settlement to the Plaintiff, LEAH HUBBARD. A copy of that Proposal for
Settlement and the email sending same to Plaintiff is attached as Composite Exhibit “1”.
The Proposal for Settlement was in the amount of $1,000.00.
As established in Exhibit “2”, a Final Judgment was entered in favor of the
Defendant, E. CLAYTON YATES, P.A., on October 10, 2019. Plaintiff did not accept thatCASE NO. 312019CA000232
Proposal for Settlement and it had long expired by the time the Court entered Final
Judgment in favor of the Defendant. As such, this Defendant has prevailed under its
Proposal for Settlement to the Plaintiff.
Accordingly, this Honorable Court should enter an Order determining that this
Defendant is entitled to its reasonable attorneys’ fees from the date the Proposal for
Settlement was served onto the Plaintiff, and, enter a Judgment awarding attorney's fees
to the Defendant of $5,304.00, which is the amount stated in the Affidavit attached hereto
as Exhibit “3”.
WHEREFORE, the Defendant, E. CLAYTON YATES, P.A., respectfully requests
that this Honorable Court (1) enter an Order determining that this Defendant is entitled to
its reasonable attorneys’ fees from the date the Proposal for Settlement was served onto
the Plaintiff, (2) enter a Judgment in favor of the Defendant for its attorney’s fees in the
amount of $5,304.00, and (3) 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, leahhubbard0706@gmail.com, on this 18th_ day of __October , 2019.
CONROY SIMBERG
Attorney for Defendant, E. Clayton Yates, PA.
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: _/s/ Gelfrey K, Rabin
Jeffrey K. Rubin, Esquire
Florida Bar No. 42084Exhibit “1”1932201/4
IN THE CIRCUIT COURT OF THE 19TH JUDICIAL
CIRCUIT IN AND FOR INDIAN RIVER COUNTY
CASE NO. 312019CA00232
(CONSOLIDATED WITH CASE NO. 2018 CC 001057)
LEAH M. HUBBARD,
Plaintiff,
Vv.
E. CLAYTON YATES, P.A.,
Defendant.
/
oe
DEFENDANT, E. CLAYTON YATES, P.A.'S, OFFER OF JUDGMENT / PROPOSAL
DEFENDANT, E. CLAYTON YATES, F.A. 5, Ur pa
FOR SETTLEMENT TO PLAINTIFF, LEAH M. HUBBARD
The Defendant, E. Clayton Yates, P.A., by and through its undersigned counsel,
hereby serves this Proposal for Settlement to Plaintiff, Leah M. Hubbard, pursuant to
Florida Statute §768.79 and Fla. R. Civ. P. 1.442, as follows:
4. Name of parties: The Defendant, E. Clayton Yates, P.A., makes this
Offer/Proposal to Plaintiff, Leah M. Hubbard.
2. Identify Claims: This Offer/Proposal resolves ail damages that would
otherwise be awarded in a final judgment in the above-captioned matter.
3. Conditions: Upon acceptance of this Offer/Proposal, Plaintiff, Leah M.
Hubbard, shall enter into a Stipulation dismissing with prejudice all pending claims
against Defendant, E, Clayton Yates, P.A.
This offer is exclusive of all other offers.
This Offer of Settlement/Judgment shall remain open for a period of thirty (30) days
or until withdrawn in writing whichever occurs first.CASE NO. 312019CA00232 (CONSOLIDATED WITH CASE NO. 2018 CC 001057)
4. Amount: The amount of the Offer/Proposal is the total sum of ONE
THOUSAND DOLLARS AND ZERO CENTS ($1,000.00).
5. Punitive Damages: This Offer/Proposal does not include any sum related
to punitive damages because there are presently no claims for punitive damages in this
case.
6. Attorneys’ fees: This Offer/Proposal does not include attorneys’ fees
which are not a part of the legal claim.
7. Miscellaneous: Failure by the Plaintiff, Leah M. Hubbard, to accept this
offer within thirty (30) days from the date hereof shall constitute a rejection of this Offer of
Settlement/Judgment and may result in appropriate sanctions being imposed by the Court
upon the Plaintiff, Leah M. Hubbard, including costs, expenses and reasonable
attorney's fees.
ve
CERTIFICATE OF SERVICE
| HEREBY CERTIFY that a copy hereof has been furnished to Leah M. Hubbard,
2046 79th Avenue, Vero Beach, FL 32966, Pro Se, leahhubbard0706@gmail.com, by
electronic mail on this _2nd__ day of __August , 2019.
CONROY SIMBERG
Attorney for Defendant, E. Clayton Yates, P.A.
1801 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: _/s/ Jeffrey K. Rubin
Jeffrey K. Rubin, Esquire
Florida Bar No. 42084JKR-Jeffrey K. Rubin
From: PAS-Patricia A. Shoemaker
Sent: Friday, August 02, 2019 1:40 PM
To: eahhubbard0706@ gmail.com’
Subject: SERVICE OF COURT DOCUMENT Case No. 312019CA00232
Attachments: Proposal for Settlement-Offer of Judgment.paf
Dear Counsel,
In HUBBARD, LEAH V. E. CLAYTON YATES in the CIRCUIT Court of the 19th Judicial Circuit in and for indian River
County, Florida, Case No, 312019CA00232, attached is Proposal for Settlement-Offer of Judgment.
John A, Lurvey
561-697-8088
PATRICIA A. SHOEMAKER
E-FILE/E-SERVICE CLERK
{ HYPERLINK
"http://www.conroysimberg.com/" (561) 697-8088
} (561) 478-6057 (Direct)
(561) 697-8664 (Fax)
1801 Centrepark Drive East
Suite 200
West Paim Beach, FL 33401
{ HYPERLINK “http://www.,conroysimberg.com/offices/hallywood/" } { HYPERLINK
http://www.conroysimberg.com/offices/west-palm-beach/" } { HYPERLINK
“http://www.conroysimberg.com/offices/orlando/” } (HYPERLINK “http://Awww.conroysimberg.com/offices/fort-
myers/" } { HYPERLINK "http://www.conroysimberg.com/offices/miami/" } { HYPERLINK
"http://www.conroysimberg.com/offices/pensacola/” } { HYPERLINK
“http://www. conroysimberg.com/offices/tallahassee, "} { HYPERLINK
"http://www.conroysimberg.com/offices/tampa/" } { HYPERLINK
“http://www.conroysimberg.com/offices/jacksonville/" } { HYPERLINK
“attp://www.conroysimberg.com/offices/naples/" } { HYPERLINK
“nttp://www.conroysimberg.com/offices/thomasville/" }
RIVILEGE AND CONEW? LITY
io Florida Stotut The contents of this e-mail message and any attactm
aft attachments, if any, are intended to be and fo remoin confidential, and it may
of this message, or if this message bas been addres
Sttorey of legal assistant, please immediately comply with Florida Rule ef Civil Procedure 1,285(b), Do not disclose the contents or tal
inthis communication or any attachments, Although this E-mail and any attachments are believed to be free of any virus or other defect that might af
received and opened, i is the responsibility ofthe recipient to ensure that it is virus free andExhibit “2”Filing # 97319301 E-Filed 10/15/2019 04:01:44 PM
IN THE CIRCUIT COURT OF THE 19TH JUDICIAL
CIRCUIT IN AND FOR INDIAN RIVER COUNTY,
FLORIDA
CASE NO, 312019CA00232
(CONSOLIDATED WITH CASE NO. 2018 CC 001057)
LEAH M. HUBBARD,
Plaintiff,
v
E. CLAYTON YATES, P.A,,
Defendant.
/
ee
ORDER GRANTING DEFENDANT, E. CLAYTON YATES, P.A.’S, MOTION
FOR FINAL SUMMARY JUDGMENT,
AND,
FINAL JUDGMENT IN FAVOR OF THE DEFENDANT
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 er Final Summary Judgment is GRANTED et the Court %
tra net Is CR iGED i 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_/@_ day of Oct hus , 2019.
sono CARNEY CROOM
CIRCUIT COURT JUDGE
Copies furnished to:
Jeffrey K, Rubin, Esquire, Conroy Simberg, Defendant's counsel, 41801 Centrepark
Drive East, Suite 200, West Palm Beach, FL 33401, jrubin@conroysimberg.com,
eservicewpb@conroysimberg.com
Leah M, Hubbard, Plaintiff Pro Se, leahhubbard0706@amail.com, 2046 79th Avenue,
Vero Beach, FL 32966
E. Clayton Yates, Esq., Counsel for Defendant / Counter-Plaintiff ‘fn consolidated case,
cyates@feeyateslaw.com, Fee, Yates & Fee, PLLC, 426 Avenue A, Fort Pierce, Florida
34950
Patrick MacRae, Esq., Counsel for Plaintiff (limited appearance), 4358 Bayshore Drive,
Fort Pierce, FL 34949, attorneymacrae@yahoo.comExhibit “3”IN THE CIRCUIT COURT OF THE 19TH JUDICIAL
CIRCUIT IN AND FOR INDIAN RIVER COUNTY
CASE NO. 312019CA00232
LEAH HUBBARD,
Plaintiff,
v.
E. CLAYTON YATES, P.A.,
Defendant.
/
AFFIDAVIT OF JEFFREY K. RUBIN, ESQUIRE IN SUPPORT OF
EFENDANT, E. CLAYTON YATES, P.A.’S, MOTION FOR AWARD OF ITS
DEFENDANT, E. CLAYTON YATES, P.A.’S, MOTION FOR A> eer
ATTORNEYS’ FEES
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. My name is Jeffrey K. Rubin, Esquire.
2. lam over the age of 18 and competent to testify to. the following which
is based on personal knowledge.
3. Since September 20, 2007, | have been a member in good standing
of The Florida Bar.
4. Since September 6, 2011, | have been employed as an attorney at
Conroy Simberg, P.A.'s West Pam Beach office.
\10.
11.
CASE NO, 312019CA00232
AFFIDAVIT OF JEFFREY K. RUBIN, ESQUIRE
I have served as counsel for Defendant, E. Clayton Yates, P.A., in the
above-referenced action since April 2019.
Since September 20, 2007, | have taken and defended well over 700
depositions, including fact witnesses, expert witnesses, and treating
medical providers designated as “hybrid witnesses”.
Since September 20, 2007, | have second-chaired seven cases to jury
verdict, including direct and cross-examinations of expert witnesses
and fact witnesses in auto negligence, premises liability, construction
defect, and auto mechanic negligence actions.
| am AV-Rated by Martindale-Hubbell based upon peer ratings of
attorneys in Florida. .
In 2018 and 2019, | was named as a Super Lawyers’ Rising Star for
civil litigation in Florida.
On October 10, 2019, the Honorable Janet Carney Croom entered an
Order granting Defendant, E. Clayton Yates, P.A.’s, Motion for Final
Summary Judgment and entered Final Judgment in favor of the
Defendant.
Since the Plaintiff was served a $1,000.00 Proposal for Settlement by
the Defendant, E. Clayton Yates, P.A., on August 2, 2019, the
Defendant has incurred reasonable attorney's fees in defense of this
action.12.
13.
14.
15.
CASE NO. 312019CA00232
AFFIDAVIT OF JEFFREY K. RUBIN, ESQUIRE
Those attorneys’ fees pertain to: (1) attendance at one court hearing
on Defendant’s Motion for Final Summary Judgment, (2) preparation
of the Defendant’s Supplemental Memoranda in support of its Motion
for Final Summary Judgment, (3) responding to Plaintiff's discovery
requests, (4) preparing memoranda of law in opposition to Plaintiff's
Motion to Strike Notice of Hearing, Plaintiffs Notice of Unavailability,
Plaintiffs Motion for Continuance and Amended Motion for
Continuance as to the summary judgment hearing, and Plaintiff's
Amended Motion for Leave Amend to Add Claims for Punitive
Damages, (5) communications with the Defendant, and, (6)
communications with the Defendant's insurance carrier
representatives. :
Since April 2019, the rate for legal services performed by Jeffrey K.
Rubin, Esq. on this case is $170.00 per hour.
From August 2, 2019 to the date of execution of this Affidavit, the
undersigned has spent 31.2 hours on defense of this action, fora total
of $5,304.00 in recoverable attorney's fees.
The foregoing rates and amounts incurred in attorneys’ fees are
reasonable and customary, as well as in line with community
standards for insurance defense and civil defense attorneys practicingCASE NO. 3120179CA00232
AFFIDAVIT OF JEFFREY K. RUBIN, ESQUIRE
in the counties of Indian River, St. Lucie, Martin, Palm Beach,
Broward, and Miami-Dade.
FURTHER AFFIANT SAYETH NAUGHT.
) 00 pe
JEFFREY mt RUBIN, ESQUIRE
4 “ . c (
- WORN TO AND SUBSCRIBED before me this _,7 day of
Chast 2019
wh ble fe tan hk
NOTARY PUBLIC, State of Florida
CAKE SFE Be? FE
(Print, type or Stamp Gommissioned Name of Notary Public)
Personally Know +. Or Produced Identification
Type of Identification Produced
ef tt
My Commission Expires:
olla, ELLENS FREEDMAN
+ + Commission # GG 150058,
a Expires November 13, 2021
‘or a Bonded Thru Budget Notary Servet
Preview
Filing # 97545710 E-Filed 10/18/2019 04:56:59 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, v. E, CLAYTON YATES, P.A., Defendant. / DEFENDANT’S MOTION TO DETERMINE ENTITLEMENT TO ATTORNEY’S FEES, AND, MOTION FOR ENTRY OF ATTORNEY’S FEE JUDGMENT Defendant, E. CLAYTON YATES, P.A., pursuant to the provisions of Rule 1.442 of the Florida Rules of Civil Procedure and Section 768.79, Florida Statutes, moves this Honorable Court for the entry of an Order determining its entitlement to attorneys’ fees against the Plaintiff, LEAH HUBBARD and for entry of a Judgment in favor of the Defendant for its reasonable attorney's fees, for the reasons set forth below. MEMORANDUM OF LAW AND ARGUMENT This is a legal malpractice case. On or about March 19, 2019, the Plaintiff commenced this action by filing suit against the Defendant, E. CLAYTON YATES, P-A. On August 2, 2019, the Defendant, E. CLAYTON YATES, P.A., sent via electronic mail a Proposal for Settlement to the Plaintiff, LEAH HUBBARD. A copy of that Proposal for Settlement and the email sending same to Plaintiff is attached as Composite Exhibit “1”. The Proposal for Settlement was in the amount of $1,000.00. As established in Exhibit “2”, a Final Judgment was entered in favor of the Defendant, E. CLAYTON YATES, P.A., on October 10, 2019. Plaintiff did not accept thatCASE NO. 312019CA000232 Proposal for Settlement and it had long expired by the time the Court entered Final Judgment in favor of the Defendant. As such, this Defendant has prevailed under its Proposal for Settlement to the Plaintiff. Accordingly, this Honorable Court should enter an Order determining that this Defendant is entitled to its reasonable attorneys’ fees from the date the Proposal for Settlement was served onto the Plaintiff, and, enter a Judgment awarding attorney's fees to the Defendant of $5,304.00, which is the amount stated in the Affidavit attached hereto as Exhibit “3”. WHEREFORE, the Defendant, E. CLAYTON YATES, P.A., respectfully requests that this Honorable Court (1) enter an Order determining that this Defendant is entitled to its reasonable attorneys’ fees from the date the Proposal for Settlement was served onto the Plaintiff, (2) enter a Judgment in favor of the Defendant for its attorney’s fees in the amount of $5,304.00, and (3) 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, leahhubbard0706@gmail.com, on this 18th_ day of __October , 2019. CONROY SIMBERG Attorney for Defendant, E. Clayton Yates, PA. 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: _/s/ Gelfrey K, Rabin Jeffrey K. Rubin, Esquire Florida Bar No. 42084Exhibit “1”1932201/4 IN THE CIRCUIT COURT OF THE 19TH JUDICIAL CIRCUIT IN AND FOR INDIAN RIVER COUNTY CASE NO. 312019CA00232 (CONSOLIDATED WITH CASE NO. 2018 CC 001057) LEAH M. HUBBARD, Plaintiff, Vv. E. CLAYTON YATES, P.A., Defendant. / oe DEFENDANT, E. CLAYTON YATES, P.A.'S, OFFER OF JUDGMENT / PROPOSAL DEFENDANT, E. CLAYTON YATES, F.A. 5, Ur pa FOR SETTLEMENT TO PLAINTIFF, LEAH M. HUBBARD The Defendant, E. Clayton Yates, P.A., by and through its undersigned counsel, hereby serves this Proposal for Settlement to Plaintiff, Leah M. Hubbard, pursuant to Florida Statute §768.79 and Fla. R. Civ. P. 1.442, as follows: 4. Name of parties: The Defendant, E. Clayton Yates, P.A., makes this Offer/Proposal to Plaintiff, Leah M. Hubbard. 2. Identify Claims: This Offer/Proposal resolves ail damages that would otherwise be awarded in a final judgment in the above-captioned matter. 3. Conditions: Upon acceptance of this Offer/Proposal, Plaintiff, Leah M. Hubbard, shall enter into a Stipulation dismissing with prejudice all pending claims against Defendant, E, Clayton Yates, P.A. This offer is exclusive of all other offers. This Offer of Settlement/Judgment shall remain open for a period of thirty (30) days or until withdrawn in writing whichever occurs first.CASE NO. 312019CA00232 (CONSOLIDATED WITH CASE NO. 2018 CC 001057) 4. Amount: The amount of the Offer/Proposal is the total sum of ONE THOUSAND DOLLARS AND ZERO CENTS ($1,000.00). 5. Punitive Damages: This Offer/Proposal does not include any sum related to punitive damages because there are presently no claims for punitive damages in this case. 6. Attorneys’ fees: This Offer/Proposal does not include attorneys’ fees which are not a part of the legal claim. 7. Miscellaneous: Failure by the Plaintiff, Leah M. Hubbard, to accept this offer within thirty (30) days from the date hereof shall constitute a rejection of this Offer of Settlement/Judgment and may result in appropriate sanctions being imposed by the Court upon the Plaintiff, Leah M. Hubbard, including costs, expenses and reasonable attorney's fees. ve CERTIFICATE OF SERVICE | HEREBY CERTIFY that a copy hereof has been furnished to Leah M. Hubbard, 2046 79th Avenue, Vero Beach, FL 32966, Pro Se, leahhubbard0706@gmail.com, by electronic mail on this _2nd__ day of __August , 2019. CONROY SIMBERG Attorney for Defendant, E. Clayton Yates, P.A. 1801 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: _/s/ Jeffrey K. Rubin Jeffrey K. Rubin, Esquire Florida Bar No. 42084JKR-Jeffrey K. Rubin From: PAS-Patricia A. Shoemaker Sent: Friday, August 02, 2019 1:40 PM To: eahhubbard0706@ gmail.com’ Subject: SERVICE OF COURT DOCUMENT Case No. 312019CA00232 Attachments: Proposal for Settlement-Offer of Judgment.paf Dear Counsel, In HUBBARD, LEAH V. E. CLAYTON YATES in the CIRCUIT Court of the 19th Judicial Circuit in and for indian River County, Florida, Case No, 312019CA00232, attached is Proposal for Settlement-Offer of Judgment. John A, Lurvey 561-697-8088 PATRICIA A. SHOEMAKER E-FILE/E-SERVICE CLERK { HYPERLINK "http://www.conroysimberg.com/" (561) 697-8088 } (561) 478-6057 (Direct) (561) 697-8664 (Fax) 1801 Centrepark Drive East Suite 200 West Paim Beach, FL 33401 { HYPERLINK “http://www.,conroysimberg.com/offices/hallywood/" } { HYPERLINK http://www.conroysimberg.com/offices/west-palm-beach/" } { HYPERLINK “http://www.conroysimberg.com/offices/orlando/” } (HYPERLINK “http://Awww.conroysimberg.com/offices/fort- myers/" } { HYPERLINK "http://www.conroysimberg.com/offices/miami/" } { HYPERLINK "http://www.conroysimberg.com/offices/pensacola/” } { HYPERLINK “http://www. conroysimberg.com/offices/tallahassee, "} { HYPERLINK "http://www.conroysimberg.com/offices/tampa/" } { HYPERLINK “http://www.conroysimberg.com/offices/jacksonville/" } { HYPERLINK “attp://www.conroysimberg.com/offices/naples/" } { HYPERLINK “nttp://www.conroysimberg.com/offices/thomasville/" } RIVILEGE AND CONEW? LITY io Florida Stotut The contents of this e-mail message and any attactm aft attachments, if any, are intended to be and fo remoin confidential, and it may of this message, or if this message bas been addres Sttorey of legal assistant, please immediately comply with Florida Rule ef Civil Procedure 1,285(b), Do not disclose the contents or tal inthis communication or any attachments, Although this E-mail and any attachments are believed to be free of any virus or other defect that might af received and opened, i is the responsibility ofthe recipient to ensure that it is virus free andExhibit “2”Filing # 97319301 E-Filed 10/15/2019 04:01:44 PM IN THE CIRCUIT COURT OF THE 19TH JUDICIAL CIRCUIT IN AND FOR INDIAN RIVER COUNTY, FLORIDA CASE NO, 312019CA00232 (CONSOLIDATED WITH CASE NO. 2018 CC 001057) LEAH M. HUBBARD, Plaintiff, v E. CLAYTON YATES, P.A,, Defendant. / ee ORDER GRANTING DEFENDANT, E. CLAYTON YATES, P.A.’S, MOTION FOR FINAL SUMMARY JUDGMENT, AND, FINAL JUDGMENT IN FAVOR OF THE DEFENDANT 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 er Final Summary Judgment is GRANTED et the Court % tra net Is CR iGED i 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_/@_ day of Oct hus , 2019. sono CARNEY CROOM CIRCUIT COURT JUDGE Copies furnished to: Jeffrey K, Rubin, Esquire, Conroy Simberg, Defendant's counsel, 41801 Centrepark Drive East, Suite 200, West Palm Beach, FL 33401, jrubin@conroysimberg.com, eservicewpb@conroysimberg.com Leah M, Hubbard, Plaintiff Pro Se, leahhubbard0706@amail.com, 2046 79th Avenue, Vero Beach, FL 32966 E. Clayton Yates, Esq., Counsel for Defendant / Counter-Plaintiff ‘fn consolidated case, cyates@feeyateslaw.com, Fee, Yates & Fee, PLLC, 426 Avenue A, Fort Pierce, Florida 34950 Patrick MacRae, Esq., Counsel for Plaintiff (limited appearance), 4358 Bayshore Drive, Fort Pierce, FL 34949, attorneymacrae@yahoo.comExhibit “3”IN THE CIRCUIT COURT OF THE 19TH JUDICIAL CIRCUIT IN AND FOR INDIAN RIVER COUNTY CASE NO. 312019CA00232 LEAH HUBBARD, Plaintiff, v. E. CLAYTON YATES, P.A., Defendant. / AFFIDAVIT OF JEFFREY K. RUBIN, ESQUIRE IN SUPPORT OF EFENDANT, E. CLAYTON YATES, P.A.’S, MOTION FOR AWARD OF ITS DEFENDANT, E. CLAYTON YATES, P.A.’S, MOTION FOR A> eer ATTORNEYS’ FEES 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. My name is Jeffrey K. Rubin, Esquire. 2. lam over the age of 18 and competent to testify to. the following which is based on personal knowledge. 3. Since September 20, 2007, | have been a member in good standing of The Florida Bar. 4. Since September 6, 2011, | have been employed as an attorney at Conroy Simberg, P.A.'s West Pam Beach office. \10. 11. CASE NO, 312019CA00232 AFFIDAVIT OF JEFFREY K. RUBIN, ESQUIRE I have served as counsel for Defendant, E. Clayton Yates, P.A., in the above-referenced action since April 2019. Since September 20, 2007, | have taken and defended well over 700 depositions, including fact witnesses, expert witnesses, and treating medical providers designated as “hybrid witnesses”. Since September 20, 2007, | have second-chaired seven cases to jury verdict, including direct and cross-examinations of expert witnesses and fact witnesses in auto negligence, premises liability, construction defect, and auto mechanic negligence actions. | am AV-Rated by Martindale-Hubbell based upon peer ratings of attorneys in Florida. . In 2018 and 2019, | was named as a Super Lawyers’ Rising Star for civil litigation in Florida. On October 10, 2019, the Honorable Janet Carney Croom entered an Order granting Defendant, E. Clayton Yates, P.A.’s, Motion for Final Summary Judgment and entered Final Judgment in favor of the Defendant. Since the Plaintiff was served a $1,000.00 Proposal for Settlement by the Defendant, E. Clayton Yates, P.A., on August 2, 2019, the Defendant has incurred reasonable attorney's fees in defense of this action.12. 13. 14. 15. CASE NO. 312019CA00232 AFFIDAVIT OF JEFFREY K. RUBIN, ESQUIRE Those attorneys’ fees pertain to: (1) attendance at one court hearing on Defendant’s Motion for Final Summary Judgment, (2) preparation of the Defendant’s Supplemental Memoranda in support of its Motion for Final Summary Judgment, (3) responding to Plaintiff's discovery requests, (4) preparing memoranda of law in opposition to Plaintiff's Motion to Strike Notice of Hearing, Plaintiffs Notice of Unavailability, Plaintiffs Motion for Continuance and Amended Motion for Continuance as to the summary judgment hearing, and Plaintiff's Amended Motion for Leave Amend to Add Claims for Punitive Damages, (5) communications with the Defendant, and, (6) communications with the Defendant's insurance carrier representatives. : Since April 2019, the rate for legal services performed by Jeffrey K. Rubin, Esq. on this case is $170.00 per hour. From August 2, 2019 to the date of execution of this Affidavit, the undersigned has spent 31.2 hours on defense of this action, fora total of $5,304.00 in recoverable attorney's fees. The foregoing rates and amounts incurred in attorneys’ fees are reasonable and customary, as well as in line with community standards for insurance defense and civil defense attorneys practicingCASE NO. 3120179CA00232 AFFIDAVIT OF JEFFREY K. RUBIN, ESQUIRE in the counties of Indian River, St. Lucie, Martin, Palm Beach, Broward, and Miami-Dade. FURTHER AFFIANT SAYETH NAUGHT. ) 00 pe JEFFREY mt RUBIN, ESQUIRE 4 “ . c ( - WORN TO AND SUBSCRIBED before me this _,7 day of Chast 2019 wh ble fe tan hk NOTARY PUBLIC, State of Florida CAKE SFE Be? FE (Print, type or Stamp Gommissioned Name of Notary Public) Personally Know +. Or Produced Identification Type of Identification Produced ef tt My Commission Expires: olla, ELLENS FREEDMAN + + Commission # GG 150058, a Expires November 13, 2021 ‘or a Bonded Thru Budget Notary Servet