10 Fla. L. Weekly Supp. 368a
Insurance — Personal injury protection — Attorney’s fees — Discovery — Insurer is ordered to produce all invoices for services rendered and costs incurred by counsel and all time records of counsel where records will assist in reaching appropriate decision on insured’s claim for attorney’s fees and costs
JODY KLINE LEVINSON, Plaintiff, vs. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant. County Court, 17th Judicial Circuit in and for Broward County. Case No. COCE 99-012244 (50). March 15, 2003. Peter R. Skolnik, Judge. Counsel: Andrew J. Weinstein, for Plaintiff. James T. Sparkman, for Defendant.
ORDER ON DEFENDANT’S MOTION FOR PROTECTIVE ORDER AND MOTION TO QUASH SUBPOENA
THIS CAUSE having come on to be heard on the Defendant’s Motion for Protective Order and Motion to Quash Subpoena and the Court having heard argument of counsel and being otherwise advised in the premises, it is here upon
ORDERED AND ADJUDGED that said Motion be and the same is hereby DENIED.
1. The above-styled cause of action arises out of a claim for unpaid personal injury protection insurance benefits.
2. This case was tried before a jury and a verdict was rendered in the Plaintiff’s favor.
3. On November 15, 2002, defense counsel was served with a Subpoena Duces Tecum requesting production of all invoices for services rendered and costs incurred on behalf of the Defendant in this action, as well as all documents reflecting the time spent by James T. Sparkman, Esquire and James T. Sparkman & Associates, P.A. on behalf of the Defendant in this action. This subpoena required the production of the aforementioned documents at Plaintiff’s counsel’s office on November 19, 2002.
4. On November 15, 2002, the Defendant filed its Motion for Protective Order and Motion to Quash Subpoena, objecting to the production of the requested items on the grounds of “attorney/client privilege, relevance, and harassment”.
5. At the hearing on this Motion, Plaintiff’s counsel argued that these documents were necessary to prepare for the upcoming attorney fee hearing and were relevant to same. Plaintiff’s counsel also argued the Florida Supreme Court case of State Farm Casualty Company v. Palma, 555 So.2d 836, (Fla. 1990) for the proposition that defense counsel’s time records are both relevant and admissible to assist the court in determining a reasonable fee for Plaintiff’s counsel. Defense counsel argued that this case was not on point, but failed to submit any case law to the contrary.
6. This Court finds that the production of defense counsel’s time records will assist in reaching an appropriate decision on the Plaintiff’s claim for attorney fees and costs and accordingly, orders defense counsel to produce same within five (5) days.
7. Pursuant to Florida Rules of Civil Procedure 1.280 and 1.380(a)(4), this Court reserves jurisdiction to determine the reasonable expenses, including attorney fees incurred by Plaintiff’s counsel in opposing the Motion.
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