# 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-CA-014681

CO STA

# AMENDED AND SUPPLEMENTAL AFFJDAIVIT OF REASONABLE ATTORNEYS' FEES & COSTS
STATE OF FLORIDA COUNTY OF PALM BEACH

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

- I. I am a practicin Ko Palm Beach County, Florida. I was admitted to The Florida Bar in 2002 and have p law in the State of Florida continuously ever since.
- 2. I manage ctice in a firm that handles legal matters, including litigation, in the State of F I represent a wide range of clients including numerous corporate and professio clien as well as individuals and professional groups. I handle many different civil matt eve experience in litigation against media entities. 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.

• Joint Exhibit

4. I am familiar with the "hourly billing rates. charged for legal services in this ccirinhunity by senior partners, partners, associates, and paralegals. My Current hourly billing rate is \$590,09 per hour, The hourly rate charged in this community by attorneys with comparable experience is between \$450.00 and 5600:00per hour. The hourly rate charged by, the attorneys far Defendant Aronberg is found within the middle of that range. Specifically, the hour y rate for services.perrormed by Defendant Aronberg's attorney, Douglas A, Wyler, is 3425. rand this. is a tettenable hourly rate for a Maned partner with the extensive c ssep:) and skill demonstrated by Mt Wyler within this community, Likewise, Mr, Wy , partner-, Arthur I hourly rate is \$475.00 per hour, which is also a, reason him this community.

5. I have reviewed thepleadifigStuld dOCurnert leis eautt.afid have Otherwise generally beconefamiliar with the proceedings' mthi lady, lhave exam i ned the record of time expended. in this matter.by the attorney Want .kroriberg in this matter. It is my opinion that the hours expended by the atto e e consistent with the work-product performed, as reflected in the file, as wellas co tat oitto incur an additional 15,0tours at \$425.09 an hour in preparing for; tra attending the hearing on sanctions/attorneys' fees are reasonable. Accordingi 144 h grattorney time:reflects an a.ccuratebilling and expenditure of timefor course sery from. the date of their demancIunder.§. 57.105, Fla, Stat.

6. h the criteria in v. Florida Patient's Condensation Fund 472 Said 1145 (.1 Qum of time spent, arid a. reasonable hourly rate.for legal services of the type Perf by Defendant.ArOnberg's attorneys in this rase, \$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 orrecord 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 Attorneys' Fees has been electronically filed with the Florida E-File Portal for e-service on all parties of record herein.

**[REDACTED] 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*