10 Fla. L. Weekly Supp. 120b
NOT FINAL VERSION OF OPINION
Subsequent Changes at 11 Fla. L. Weekly Supp. 345e
Attorney’s fees — Offer of judgment — Insurance — Personal injury protection — PIP insurer is entitled to award of attorneys’ fees pursuant to proposal for settlement/offer of judgment statute, section 768.79, regardless of fact that litigation is small claims case
TAMPA BAY INJURY CENTER, INC., (as Assignee of Nicholas Rabada), Plaintiff, vs. METROPOLITAN PROPERTY AND CASUALTY INSURANCE COMPANY, Defendant. County Court, 13th Judicial Circuit in and for Hillsborough County, Small Claims Division. Case No. 2001-22948-SC — Division J. December 2, 2002. Gaston J. Fernandez, Judge. Counsel: Gale L. Young, Gale L. Young, P.A., Tampa. Timothy A. Patrick.
AMENDED ORDER ON DEFENDANT’S MOTION TO DETERMINE ENTITLEMENT TO ATTORNEY’S FEES AND COSTS and MOTION FOR SANCTIONS
THIS CAUSE having come before this Court on November 14, 2002, upon the Defendant’s Motion To Determine Entitlement To Attorney’s Fees And Costs Pursuant To Sections 768.79 and 57.105, Florida Statutes and Motion For Sanctions For Failing To Comply With Order On Court’s Rules To Show Cause, and the Court having heard arguments of counsel and being otherwise duly advised in the premises, it is thereupon
ORDERED AND ADJUDGED that Defendant’s Motion to Determine Entitlement to Attorney’s Fees and Costs pursuant to 768.79, Florida Statutes and Fla.R. Civ.Pro 1.442 is GRANTED. The Court finds that U.S. Security Insurance Co. v. Cahuasqui, 760 So. 2d 1101 (Fla. 3d DCA 2000) controls in this action for PIP benefits. There is no exception to Cahuasqui in this Small Claims case.
The Court reserves ruling as to any award of fees and costs pursuant to 57.105, Florida Statutes. In light of the Court’s award of entitlement to fees and costs pursuant to 768.79, Florida Statutes, Defendant’s Motion for Sanctions for Failing to Comply with the Court’s Rule to Show Cause is thereby moot.
The Court reserves jurisdiction as to the amount of fees and costs to be awarded to Defendant.
* * *
