10 Fla. L. Weekly Supp. 926b
ADVANCED ORTHOPEDIC REHABILITATION, on behalf of Wintford Benavides, Plaintiff, vs. SOUTHERN GROUP INDEMNITY COMPANY, Defendant. County Court, 13th Judicial Circuit in and for Hillsborough County, Small Claims Division. Case No. 02-21379-SC/Division H. August 15, 2003. Paul L. Huey, Judge. Counsel: Jerry Jaramillo. Gale L. Young, Gale L. Young, P.A., Tampa.
ORDER GRANTING DEFENDANT’S MOTION TODETERMINE ENTITLEMENT TO ATTORNEY’SFEES AND REQUEST FOR SANCTIONSPURSUANT TO FLORIDA STATUTES, SECTION 57.105
THIS CAUSE having been set for hearing on August 13, 2003 upon Defendant’s Motion To Determine Entitlement To Attorney’s Fees And Request For Sanctions Pursuant To Florida Statutes, Section 57.105, and the parties having entered into a Stipulation granting entitlement to attorney’s fees pursuant to Florida Statutes, Section 57.105, it is hereby,
ORDERED AND ADJUDGED as follows:
1. The Statement Of Claim originally filed by Plaintiff counsel in this matter on behalf of ADVANCED ORTHOPEDIC REHABILITATION failed to state a cause of action and Defendant is entitled to attorney’s fees for the defense of this action notwithstanding Plaintiff’s voluntary dismissal. Defendant’s Motion To Determine Entitlement To Attorney’s Fees is GRANTED.
2. Jerry Jaramillo, Esquire is 50% responsible for Defendant’s attorneys fees, and Plaintiff, ADVANCED ORTHOPEDIC REHABILITATION, is 50% responsible for Defendant’s attorneys fees.
3. The Court reserves jurisdiction as to the amount of attorney’s fees to be awarded if the parties cannot agree to an amount.
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