10 Fla. L. Weekly Supp. 733b
Attorney’s fees — Justiciable issues — Where statement of claim filed by plaintiff was facially deficient to state cause of action, defendant is entitled to award of attorney’s fees notwithstanding plaintiff’s voluntary dismissal
RPT SUPPLY, on behalf of Lana Benavides, Plaintiff, vs. SOUTHERN GROUP INDEMNITY COMPANY, Defendant. County Court, 13th Judicial Circuit in and for Hillsborough County, Small Claims Division. Case No. 02-23287-SC. Division K. June 30, 2003. Eric R. Myers, Judge. Counsel: Jason J. Recksiedler, for Plaintiff. Jerry Jaramillo. Gale L. Young, Gale L. Young, P.A., Tampa.
ORDER GRANTING DEFENDANT’S MOTION TODETERMINE ENTITLEMENT TO ATTORNEY’S FEESAND REQUEST FOR SANCTIONS PURSUANT TOFLORIDA STATUTES, SECTION 57.105
THIS CAUSE came on before this Court on June 17, 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 Court having heard argument of counsel and being otherwise duly advised in the premises, it is hereby
ORDERED AND ADJUDGED as follows:
1. Jason J. Recksiedler, Esquire appeared on behalf of RPT Supply; Jerry Jaramillo, Esquire failed to appear at the hearing despite notice of the hearing by Certificate Of Service from counsel for Defendant on April 10, 2003, which was filed with the Court on April 11, 2003.
2. The Court finds that the Statement Of Claim originally filed by Plaintiff counsel in this matter on behalf of RPT Supply was facially deficient 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.
3. In addition to Defendant’s Motion for attorney’s fees pursuant to 57.105, Florida Statutes, the Court, on its own motion/initiative, awards attorney’s fees to Defendant for the defense of this action.
4. Jerry Jaramillo is 50% responsible for Defendant’s attorneys fees, and RPT Supply is 50% responsible for Defendant’s attorneys fees.
5. The Court reserves jurisdiction as to the amount of attorney’s fees to be awarded if the parties cannot agree to an amount.
6. The Court also reserves jurisdiction to consider any subsequent requests for additional attorney’s fees incurred by Defendant after this hearing.
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