10 Fla. L. Weekly Supp. 547e
Insurance — Attorney’s fees — Where medical provider came to fee hearing without fee expert or otherwise being prepared, motion for continuance is granted, but medical provider’s attorney is ordered to compensate insurer for cost of preparing for and appearing at hearing
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 Plaintiff’s Motion For Continuance and Defendant’s Ore Tenus Motion For Sanctions, 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. That the fee and cost hearing was set on this matter for May 20, 2003.
5. That Defendant caused a Notice Of Hearing, relative to Defendant’s Motion To Determine Fees and Costs, to be served upon Plaintiff on March 14, 2003.
6. That Plaintiff has come to the fee hearing without a fee expert or otherwise being prepared, and has requested a continuance.
7. That Defendant has objected to any continuance on the matter and in the alternative has made an Ore Tenus Motion For Sanctions.
WHEREFORE, Plaintiff’s Motion For Continuance is Granted. The matter shall be continued for no more than 30 days. No further continuances shall be granted.
FURTHERMORE, Defendant’s Ore Tenus Motion For Sanctions is Granted. After hearing testimony as to the reasonable amount of time expended by Defendant’s counsel and Defendant’s fee expert in preparing and appearing for the fee and cost hearing, as well as testimony as to the reasonable hourly compensation to be paid, the law firm of Timothy Patrick, P.A. shall pay to Defendant sanctions in the amount of $1,097.50. Said payment shall be made within ten (10) days of today’s hearing date.
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