11 Fla. L. Weekly Supp. 740a
Attorney’s fees — Insurance — Attorney’s fees awarded to prevailing insurer — Provider continued prosecution of case against insurer knowing that it failed to serve presuit demand letter and despite notification that benefits were exhausted prior to filing suit
DOUGLAS PRICE, D.C., P.A. d/b/a FLORIDA PAIN TRAUMA & INJURY CENTER, Plaintiff, vs. STATE FARM FIRE AND CASUALTY COMPANY, Defendant. County Court, 13th Judicial Circuit in and for Hillsborough County. Case No. 03-14968-CC / Division J. May 28, 2004. Gaston J. Fernandez, Judge. Counsel: Gale L. Young, Gale L. Young, P.A., Tampa. Michelle Muir, Kane & Kane.
ORDER GRANTING DEFENDANT’S MOTION TO DETERMINE ENTITLEMENT TO ATTORNEY’S FEESAND COSTS AND REQUEST FOR SANCTIONS AND ORDER GRANTING PLAINTIFF’S MOTION TO WITHDRAW
THIS CAUSE came on to be heard on May 20, 2004, upon the Defendant’s Motion to Determine Entitlement to Attorney’s Fees and Costs and Request for Sanctions Pursuant to Florida Statutes §57.105(1)(a)-(b) and/or (4) and Florida Rules of Civil Procedure, Rule 1.380, and the Court having heard argument of counsel and being otherwise duly advised in the premises, it is hereby,
ORDERED AND ADJUDGED that Defendant’s motion is granted. Since Defendant did not deny or reduce any bill, nor suspend any other benefits involving Odilma Jean, Plaintiff was required to submit to Defendant a pre-suit demand letter in accordance with the requirements of Florida Statutes, Section 627.736(11). Plaintiff failed to do so. Moreover, all benefits available to Plaintiff under the policy providing benefits to Odilma Jean were exhausted prior to the filing of Plaintiff’s lawsuit. Plaintiff continued prosecution of its case knowing that it failed to serve the pre-suit demand letter, and despite Defendant notifying Plaintiff of the exhaustion prior to the filing of the suit. Defendant again notified Plaintiff of the exhaustion and lack of a pre-suit demand letter in its Answer and Motion Seeking Sanctions pursuant to Florida Statutes, Section, 57.105(1)(a)-(b) and/or (4) which Defendant served on July 23, 2004 and filed with the court on August 22, 2003.
Pursuant to Florida Statutes, Section, 57.105 Plaintiff, and Plaintiff counsel, shall pay to Defendant the attorneys fees and costs incurred in the defense of this matter. Plaintiff, and Plaintiff counsel are each 50% responsible for said payment. The Court reserves jurisdiction to determine the amount of attorney’s fees and costs to be awarded if the parties cannot agree. [Editor’s note: see 13 Fla. L. Weekly Supp. 400c.]
The court also grants Plaintiff counsel’s Motion to Withdraw as counsel. However, the granting of said motion does not effect Plaintiff counsel’s liability for attorney’s fees and costs pursuant to this order. Defendant shall serve all future papers and pleadings on Plaintiff counsel and Plaintiff, directly, to the extent necessary to enforce this order.
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