10 Fla. L. Weekly Supp. 368b
Insurance — Attorney’s fees — Contempt — Court, sua sponte, finds insurer in contempt where counsel for insurer failed to comply prior to attorney’s fees hearing with prehearing order requiring insurer to respond in writing to each item of fees and costs requested by insured within ten days of receipt of time records — Insurer and counsel are ordered to pay insured’s attorney’s fees and expert witness fees necessitated by failure to comply with order — Insurer is ordered to comply with prehearing order or be subject to additional sanctions and possible default on motion to tax fees and costs
WILMA HOCH, Plaintiff, vs. PROGRESSIVE EXPRESS INSURANCE COMPANY, Defendant. County Court, 17th Judicial Circuit in and for Broward County. Case No. COCE 01-16087 (51). March 17, 2003. Martin R. Dishowitz, Judge. Counsel: Andrew J. Weinstein, for Plaintiff. James T. Sparkman, for Defendant.
COURT’S SUA SPONTE ORDER OF CONTEMPT
THIS CAUSE having come before the Court on Plaintiff’s Motion to Tax Attorney Fees and Costs with Interest, and the Court being advised that the Defendant has failed to comply with the Court’s November 13, 2002 Order Preliminary to Hearing on Motion to Tax Costs and Award Attorney Fees, and being otherwise fully advised in the premises, it is hereupon:
ORDERED AND ADJUDGED that:
1. Plaintiff’s Motion to Tax Attorney Fees and Costs With Interest was scheduled for hearing before this Court on February 25, 2003.
2. On November 13, 2002, this Court entered its Order Preliminary to Hearing on Motion to Tax Costs and Award Attorney Fees. That Order required the exchange of certain documentation prior to the attorney fee hearing and is designed to ensure an orderly and efficient presentation for the resolution of disputed taxable costs and requests for attorney’s fees.
3. In the instant case, Plaintiff’s counsel forwarded a copy of his time records to defense counsel, who was then obligated to respond in writing to each item of costs and requests for attorneys fees, stating with particularity whether counsel agreed to said item, or objects thereto. Defense counsel was also required to state the basis therefore and cite supporting authority. This was to have taken place ten (10) days after the time and costs records were provided by Plaintiff’s counsel.
4. On February 25, 2003, Plaintiff’s counsel, Andrew J. Weinstein, appeared with his expert witness, Craig H. Blinderman, Esquire for the fee hearing. Defense counsel was also present with the defendant’s expert witness.
5. Upon learning that the Defendant, by and through its counsel, James T. Sparkman, Esquire, had failed to comply with the Court’s Order Preliminary to Hearing on Motion to Tax Costs and Award Attorney Fees, the undersigned cancelled said hearing.
6. This Court finds that the Defendant, by and through its counsel, willfully disregarded the Court’s Order Preliminary to Hearing on Motion to Tax Costs and Award Attorney Fees and therefore finds them to be in contempt of that Order.
7. The Defendant, and its counsel, shall also be responsible for paying Plaintiff’s counsel’s fees as well as the expert witness fees necessitated by its failure to comply with this Order. The amount of this sanction shall be determined by the Court at the rescheduled hearing on Plaintiff’s Motion to Tax Attorney Fees and Costs With Interest.
8. The Defendant is hereby ordered to comply with Paragraph 2 of the Court’s Order Preliminary to Hearing on Motion to Tax Costs and Award Attorney Fees on or before March 17, 2003. Should the Defendant fail to comply on or before that date, this Court will impose additional sanctions, and upon notice and hearing, may subject the defendant to default on the Plaintiff’s Motion to Tax Attorney Fees and Costs With Interest.
* * *
