12 Fla. L. Weekly Supp. 159a
Attorney’s fees — Insurance — Personal injury protection — Justiciable issues — Insurer is entitled to attorney’s fees where benefits were exhausted prior to institution of suit
BAYSIDE HEALTHCARE REHAB, INC., (As Assignee of Carlos Gerena), Plaintiff, vs. LINCOLN GENERAL INSURANCE COMPANY, Defendant. County Court, 13th Judicial Circuit in and for Hillsborough County, Small Claims Division. Case No. 04-6331-SC, Division L. November 2, 2004. Artemeus E. McNeil, Judge. Counsel: Kimberly A. Sandefer, Gale L. Young, P.A., Tampa. Matthew Brumley.
ORDER ON DEFENDANT’S MOTION TO DETERMINE ENTITLEMENT TO ATTORNEY’S FEES
THIS CAUSE, having come on before this Court on October 8, 2004, upon the Defendant’s Motion to Determine Entitlement to Attorney’s Fees, and the Court having heard argument of counsel for the respective parties, and being otherwise duly advised in the premises, it is hereby
ORDERED AND ADJUDGED as follows:
1. The Court finds that the benefits available under the policy of insurance issued by Defendant, LINCOLN GENERAL INSURANCE COMPANY were exhausted on March 5, 2004, prior to the institution of this action.
2. Defendant’s Motion to Determine Entitlement to Attorney’s Fees pursuant to Florida Statutes Section 57.105 is hereby GRANTED. [See 12 Fla. L. Weekly Supp. 1087b]
3. The Court reserves jurisdiction as to the amount of attorney’s fees to be awarded.
* * *
