10 Fla. L. Weekly Supp. 547d
Insurance — Appeals — Stay of payment of fees and costs pending appeal, granted under condition that medical provider post bond, is lifted where bond was not posted
LUTZ CHIROPRACTIC CLINIC, as assignee of Shirley Shrout, Plaintiff, vs. METROPOLITAN GENERAL INSURANCE COMPANY, Defendant. County Court, 13th Judicial Circuit in and for Hillsborough County, Small Claims Division. Case No. 2001-10677-SC, Div. K. June 2, 2003. Eric R. Myers, Judge. Counsel: Marc B. Nussbaum, Reynolds & Stowell, St. Petersburg. Timothy A. Patrick.
ORDER
THIS CAUSE having come on for hearing on Defendant’s Motion To Lift Stay, on May 20, 2003, and the Court being fully advised in the premises, it is hereby,
ORDERED and ADJUDGED that:
1. On June 11, 2002, this court granted Defendant’s Motion For Summary Judgment.
2. On November 4, 2002, this court granted Defendant’s Motion For Entry Of Final Judgment.
3. On February 17, 2003, this court granted Defendant’s Motion For Entitlement To Fees and Costs.
4. On March 18, 2003, this court granted Plaintiff’s Motion For Stay, seeking to stay the payment of any fees and costs Defendant maybe entitled to, pending appeal, under the condition that Plaintiff post a bond with the court equal to the amount of fees and costs being claimed by Defendant, plus twice the amount of statutory interest, in compliance with Rule Of Appellate Procedure 1.310, et seq.
5. On April 9, 2003, counsel for Defendant filed the appropriate affidavit delineating the amount of fees and costs incurred in this case.
6. That as of the date of this hearing, May 20, 2003, no such bond was posted by Plaintiff.
WHEREFORE, Defendant’s Motion To Lift Stay is hereby GRANTED.
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