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

Plaintiff,

v. CASE NO.: 19-CA-014681

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

Defendants.

04

# AMENDED AND SUPPLEMENT AVIT OF REASONABLE ATTORNE & COSTS
STATE OF FLORIDA COUNTY OF PALM BEACH

BEFORE ME, the undersigned a rity, peared Robert Winess, Esq., who, after being first duly sworn, deposes and says:

- 1. I am a practicin y in Palm Beach County, Florida. I was admitted to The Florida Bar in 2002 and cticed law in the State of Florida continuously ever since.
- 2. the State of prof ge an practice in a firm that handles legal matters, including litigation, in I represent a wide range of clients including numerous corporate and ins as well as individuals and professional groups. I handle many different civil matters and 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 within the middle of that range. Specifically, the ho ly rate for services performed by Defendant Aronberg's attorney, Douglas A. Wyler, is \$425. hour and this is a reasonable hourly rate for a named partner with the extensity ce and skill demonstrated by Mr. Wyler within this community. Likewise, Mr. W or partner, Arthur I. = hourly rate is \$475.00 per hour, which is also a reaso 'thin this community.

5. I have reviewed the pleadings and docum 1 this cause and have otherwise generally become familiar with the proceedings in t ' 8se , ilarly, I have examined the record of time expended in this matter by the attome ( s 1%r ndant Aronberg in this matter. It is my opinion that the hours expended by the ti eys e consistent with the work-product performed, as reflected in the file, as well as co s 's cation to incur an additional 15.0 hours at \$425.00 an hour in preparing for, tray ing d attending the hearing on sanctions/attorneys' fees are reasonable. Accordingly, urs of attorney time reflects an accurate billing and expenditure of time for co from the date of their demand under § 57.105, Fla. Stat.

6. on the criteria in v. Florida Patient's Compensation Fund, 472 So.2d 1145 ( amount of time spent, and a reasonable hourly rate for legal services of the type performed by Defendant Aronberg's attorneys in this case, \$61,840.00 (calculated at 131.2 hours x \$425.00/hour + 12.8 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. [REDACTED], 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 Aronberg in this case demonstrates the level and skill in advocacy of representation which Defendant Aronberg received in this case.

11. Based upon my experience, it is my opinion that the events 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 and expenses. 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.

\_\_\_\_\_
ROBERT WINESS, ESQ.

**VERIFICATION**

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

\_\_\_\_\_
ROBERT S. WINESS, ESQ.

APRIL 14, 2022
DATE

# CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on this 14th day of April, 2022, a copy of the foregoing Amended and Supplemental Affidavit of Reasonable Attomeys' Fees has been electronically filed with the Florida E-File Portal for e-service on all parties of record herein.

SCHOLZ & WYLEAhmet LC

/s/ Douglas A. Wyler

Arthur I. M, Esq. Fla. Bar No.: 10249 Richard J. Schol Fla. Bar No.: 00 Douglas A ler, Fla. Bar 979 9616 Blvd., Suite 201-1 F each, Florida 32034 -3693 61-7879 Fax (S/ ' P iiary: jacobsscholzlaw@comcastnet

Anorneys for Defendans, Dave Aronberg

Gw