12 Fla. L. Weekly Supp. 182b
Attorney’s fees — Insurance — Personal injury protection — Offer of judgment — Applicability of statute
JACOB FEIGENBAUM, Plaintiff, vs. PROGRESSIVE AMERICAN INSURANCE COMPANY, Defendant. County Court, 12th Judicial Circuit in and for Sarasota County. Case No. 2003-CC-17277-NC. October 13, 2004. Kimberly Carlton Bonner, Judge. Counsel: Martin A. Rosen. Kimberly A. Sandefer, Gale L. Young, P.A., Tampa.
ORDER ON DEFENDANT’S MOTION TO DETERMINE ENTITLEMENT TO ATTORNEY’S FEES AND COSTS PURSUANT TO FLORIDA STATUTES SECTION 768.79
THIS CAUSE, having come before the Court on September 30, 2004 upon Defendant’s Motion to Determine Entitlement to Attorney’s Fees And Costs Pursuant to Florida Statutes Section 768.79, 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 Section 768.79, Florida Statutes and Rule 1.442, Fla. R. Civ. P., apply to cases of action involving personal injury protection benefits.
2. That Defendant’s Motion to Determine Entitlement to Attorney’s Fees And Costs Pursuant to Florida Statutes Section 768.79 is hereby GRANTED.
3. The Court reserves jurisdiction as to the amount of attorney’s fees and costs to be awarded and directs the parties to schedule a fee hearing.
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