12 Fla. L. Weekly Supp. 1181a
Attorney’s fees — Insurance — Personal injury protection — Motion — Ore tenus motion for attorney’s fees is denied where no motion was filed within 30 days after filing of judgment — Motion to tax costs filed prior to final judgment is denied as untimely
PHYSICAL MEDICINE CENTER, INC. (As assignee of Timothy Baitinger), Plaintiff, vs. PROGRESSIVE EXPRESS INSURANCE COMPANY, Defendant. County Court, 13th Judicial Circuit in and for Hillsborough County, Small Claims Division. Case No. 02-24666-SC, Division I. September 15, 2005. Charlotte Anderson, Judge. Counsel: Timothy A. Patrick, Timothy A. Patrick, P.A., Tampa. Jeff Davis.
ORDER DENYING DEFENDANT’S MOTION FOR ENTITLEMENT TO ATTORNEY’S FEES AND COSTS
THIS CAUSE having come before the Court on August 30, 2005, on Defendant’s Motion for Entitlement to Attorney’s Fees and Costs, both parties appearing through counsel and the Court having heard argument of counsel, the court makes the following findings and rulings:
IT IS ORDERED AND ADJUDGED:
(1) Defendant’s Ore Tenus Motion for Entitlement to Attorney’s Fees and Costs is HEREBY DENIED.
(2) The Defendant concedes that it did not file a Motion to Tax Attorney’s Fees and Costs.
(3) The court relies upon the 2nd DCA case of Swann v. Dinan, 884 So.2d 398 (Fla. 2d DCA 2004), wherein the court ruled that pursuant to Rule 1.525 of the Florida Rules of Civil Procedure, a party seeking fees and costs to serve a motion to tax attorney’s fees and costs within 30 days after the filing of the final judgment.
(4) The Defendant failed to timely file a Motion to Tax Attorney’s Fees.
(5) The Defendant’s Motion to Tax Costs was filed prior to the Final Judgment. As such, Defendant failed to timely file its Motion to Tax Costs and its request for costs is HEREBY DENIED.
(6) The court reserves jurisdiction over Plaintiff’s request for attorney’s fees and costs.
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