# IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA
CA FLORIDA HOLDINGS, LLC, Publisher of the PALM BEACH POST,

Plaintiff,

v.

DAVE ARONBERG, as State Attorney of Palm Beach County, Florida; SHARON R. BOCK, as Clerk and Comptroller of Palm Beach County, Florida.

Defendants.

CASE NO.: 19- A-014681

CO S

# VERIFIED AFFIDAVIT OF REASONABLQORNEY'S <? FEES
STATE OF FLORIDA COUNTY OF PALM BEACH

BEFORE ME, the undersigned au \ , a eared ROBERT WINESS, ESQ., who, after being first duly sworn, deposes and

- I . I am a practici f in Palm Beach County, Florida. I was admitted to The Florida Bar in 2002 an have p ced law in the State of Florida continuously ever since.
- 2. 1 a e practice in a firm that handles legal matters, including litigation, in the State o I represent a wide range of clients including numerous corporate and professio is as well as individuals, and professional groups. I handle many different civil matters have experience in litigation against media entities.
- 3. I am familiar with the amount customarily charged by attorneys in this community for civil litigation and allowed by the court for attorney's fees in civil litigation contingency fees cases such as this matter.

4. I am familiar with the hourly billing rates charged for legal services in this community by senior partners, partners, associates, and paralegals. My current hourly billing rate is \$500.00 per hour. The hourly rate charged in this community by attorneys with comparable experience is between \$450.00 and \$600.00 per hour. The hourly rate charged by the attorneys for Defendant Aronberg is found to be under and to the middle of that range (\$450. to \$600.00 per hour). Specifically, the hourly rate for services performed by Defendant attorney, Douglas A. Wyler, is \$425.00 per hour and this is a reasonable hourly named partner with the extensive experience and skill demonstrated by Mr. W ler this community. Likewise, Mr. Wyler's senior partner, Arthur I. = hour is 75.00 per hour, which is also a reasonable rate within this community.

5. I have reviewed the pleadings and filed in this cause and have otherwise generally become familiar with the proceed' i cl8 0: Similarly, I have examined the record of time expended in this matter by the mey or Defendant Aronberg in this matter. It is my opinion that the hours expended ys are consistent with the work-product performed, as reflected in the file, as well 's expectation to incur an additional 4.0 hours at \$425.00 an hour in preparing for nding the hearing on attorneys' fees are reasonable. Accordingly, 46.2 hours of ey time reflects an accurate billing and expenditure of time for counsels' services e of their demand under §57.105, Fla. Stat.

Based on the criteria in v. Florida Patient's Compensation Fund, 472 So.2d 1145 (1985), the amount of time spent, and a reasonable hourly rate for legal services of the type performed by Defendant Aronberg's attorneys in this case, \$19,975.00 (calculated at 39.4 hours x \$425.00/hour + 6.8 hours x \$475.00/hour) is a reasonable fee for the attorneys of record in the above styled cause.

7. I have reviewed said file in light of the criteria set forth in Rule 4.1-5 of the Florida Bar Rules of Professional Conduct and the decisions of the Florida Supreme Court in Florida Patient's Compensation Fund v. MI 472 So.2d 1145 (Fla. 1985) and Standard Guaranty Insurance Co. v. Quanstrom, 555 So. 2d 828 (Fla. 1990).

8. In my opinion, the outcome achieved by counsel for Defendant Aro berg in this case demonstrates the level and skill in advocacy of representation which De t Aronberg received in this case.

9. Additionally, in my opinion, the multiplier requeste ere reasonable because if Douglas A. Wyler and Arthur I. had not undertaken Aronberg's case it would have been extremely unlikely that Defendant Aronberg g(t ) procured other counsel for the following reasons:

- a. It was highly conting S 8{sup}`i` {sup}`r`4c,
- b. It obviously wo ave volved a great deal of time and labor. It would a disproportional financial investment
- d. Any cofi n ion to be received, if any, would be long deferred.
- e. It have involved working with difficult subject matter.
- c.

10. la in this community would not have undertaken representation of Defendan in this case simply because they could not have afforded the financial outlay risk tol nt Defendant Aronberg in this case on a pure contingency fee basis.

11. Additionally, based upon my experience, it is my opinion that the hours described in the Amended Motion for Attorneys' Fees and Costs filed in this case for which Defendant Aronberg seeks compensation are based on a reasonable and necessary expenditure of time. Likewise, the multiplier requested herein is reasonable and should be awarded. I base my

conclusions on the foregoing and my knowledge of the time required to litigate similar civil cases involving media entities.

FURTHER AFFIANT SAYETH NAUGHT.

**VERIFICATION**

UNDER PENALTIES OF PERJURY, I DECLARE THAT I HAVE READ THE FOREGOING MOTION AND THAT THE FACTS STATED IN IT ARE TRUE.

ROBERT S. WINESS

NOVEMBER 18{sup}`TH`, 2020

DATE

**CERTIFICATE OF SERVICE**

I HEREBY CERTIFY that on this 19th day of November, 2020, a copy of the foregoing Affidavit of Reasonable Attorneys' Fees has been electronically filed with the Florida E-File Portal for e-service on all parties of record herein.

**SCHOLZ & WYLER, LLC**

*/s/ Douglas A. Wyler*

Arthur I. [REDACTED], Esq.
Fla. Bar No.: 10249
Richard J. Scholz, Esq.
Fla. Bar No.: 0021261
Douglas A. Wyler, Esq.
Fla. Bar No.: 119979
961687 Gateway Blvd., Suite 201-I
Fernandina Beach, Florida 32034
(904) 261-3693
(904) 261-7879 Fax
Primary: jacobsscholzlaw@comcast.net

*Attorneys for Defendant, Dave Aronberg*