THIRD DISTRICT COURT OF APPEALS CASE NO.: 3008-923 Lower Tribunal Case No.: 06-08282 CA (04) PADC MARKETING, LLC, Defendant/Appellant, v. NOTICE OF APPEAL 3D: 08- HM JUDITH WERNER, Plaintiff/Appellee. NOTICE IS GIVEN that PADC MARKETING, LLC, Defendant/Appeliant, appeals to the Third District Court of Appeal, the order of this court, docketed May 13, 2008, entitled “Order Granting Plaintiff's Motion for Attorney's Fees and Costs.” A copy of the order is attached as Exhibit “A.” The nature of the order is an award of attorneys’ fees and costs accompanying the Court’s order of Final Judgment, docketed March 18, 2008. In an abundance of caution, Defendant files this second Notice of Appeal, intending to move to consolidate the appeals of the underlying final judgment end the attached judgment awarding attomeys' fees. Higer Lichter & Givner, LL® Attorneys for PADC MARKETING, LLC, 18305 Biscayne Blvd., Sune 402 Aventura, FL 33160 Telephone: Facsimile: Florida Bar NO. 500798 o8-4ad Higer Lichter Givner a ATTORNEYS ATLAW Bk 26488 Pg 793 CFN 20080595836 07/21/2008 12:16:25 Pg 1 of 5 Mia-Dade Cty, FL® e CASE NO.: 3D08-923 CERTIFICATE OF SERVICE 1 HEREBY CERTIFY that a true and correct copy of the foregoing was furnished by U.S. Mail this 10th day of June, 2008 to: Robert P. Frankel, Esquire, Robert P. Frankel & Associates, P.A., Attorneys for Plaintiff, 25 West Flagler Street, Suite 900, Miami, Florida 33130. Higer Lichter Givner ATTORNEYS AT LAW Bk 26488 Pg 794 CFN 20080595836 07/21/2008 12:16:25 Pg 2 of 5 Mia-Dade Cty, FL4719 IN THE CIRCUIT COURT OF THE ~ 11" JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA JUDITH WERNER, GENERAL JURISDICTION DIVISION Plaintiff, CASE NO.: 06-8282 CA 04 vs. PADC MARKETING, LLC, a Florida limited liability company, Defendant. / FEES AND COSTS ORDER G “ING PLAINTIFF'S MOTION FOR ATTORN! ‘THIS MATTER was scheduled for hearing on Thursday, May 1, 2008, upon the Plaintiff's ‘Motion for Attorney's Fees and Costs, and the Court having carefully considered the Plaintiff's Motion for Attomey’s Fees and Costs, the Affidavit of Robert P. Frankel that was filed in support of the Motion for Attomey’s Fees and Costs and the Court being otherwise advised in the premises, itis ORDERED AND ADJUDGED as follows: 1. Pursuant to Section 448.08, Fla.Stat, and Section 15 of the September 17, 2001 Employment Agreement that is attached as an Exhibit to the Plaintiff's Amended Complaint, Plaintiff's Motion for Attomey’s Fees and Costs is Granted. 2. Pursuant to Rule 4-1.5 of the Rules of Professional Conduct and the applicable case law governing the award of reasonable attomey’s fees and costs to a prevailing party in litigation, the Court determines that the following hourly rates are fair, reasonable, necessary and within the community standards in Miami-Dade County, Florida: aa Robert P. Frankel, Esquire $400.00 per hour; EXHIBIT Vey Y Bk 26488 Pg 795 CFN 20080595836 07/21/2008 12:16:25 Pg 3 of 5 Mia-Dade Cty, FLNolan Klein, Esquire $250.00 per hour; Diana Gossy, Paralegal $100.00 per hour. 3. The Court finds that the following time was reasonable and necessary with respect to the prosecution of the Plaintiff's claims and the defense of the counterclaim: Robert P. Frankel, Esquire 229.5 x $400.00 per hour = $ 91,800.00 Nolan Klein, Esquire 14,3 x $250.00 per hour = $ 3,575.00 Diana Gossy 350 x $100.00 per hour = $ 35,000.00 TOTAL LEGAL FEES AS OF FEBRUARY 29, 2008 = $130,375.00 4. With respect to the Plaintiff's Motion for Taxable Costs, the Court finds that $7,375.00 is reasonable and necessary with respect to the prosecution of the Plaintif?’s claims and the defense of the Counterclaim issues. Based upon the above, it is ORDERED AND ADJUDGED as follows: 5. The Plaintiff, Judith Werner, who resides at 5959 Collins Avenue, Apartment 703, Miami Beach, Florida 33140, shall recover from the Defendant, PADC Marketing, LLC, located at 550 Biltmore Way, Suite 970, Coral Gables, Florida 33134, the sum of $137,500.00 which sum shall accrue interest at the rate of 11% per annum from May 1, 2008 and for which let execution issue. 6. The entry of this Order is without prejudice to the rights of the Defendant to appeal the Final Judgment dated March 14, 2008 to the Third District Court of Appeal and without prejudice to appeal this Order. 7. The Court reserves jurisdiction to determine the Plaintiff's entitlement to additional legal fees and costs after February 29, 2008 including legal fees and costs incurred Bk 26488 Pg 796 CFN 20080595836 07/21/2008 12:16:25 Pg 4 of 5 Mia-Dade Cty, FLby the Plaintiff with respect to discovery in aid of execution and collection w proceedings with respect to the March 14, 2008 Final Judgment. DONE AND ORDERED in chambers in Miami-Dade County, on this _day of — , 2008. CIRCUIT COURT ri ine if y Copies to: MAY 13 2008 Robert P. Frankel, Esquire Gerald D. Hubbart Michael Higer, Esquire Circuit Court Judge u VY Bk 26488 Pg 797 CFN 20080595836 07/21/2008 12:16:25 Pg 5 of 5 Mia-Dade Cty, FL