12 Fla. L. Weekly Supp. 445b
Insurance — Personal injury protection — Coverage — Affirmative defenses — Amendment — No abuse of discretion in denying insurer’s motion to amend affirmative defenses
UNITED AUTOMOBILE INSURANCE COMPANY, Appellant, vs. RON WECHSEL, D.C., INC. d/b/a WECHSEL PAIN & REHAB CENTER, as assignee of Claude Fleurinor, Appellee. Circuit Court, 17th Judicial Circuit (Appellate) in and for Broward County. Case No. 04-16310 (25). February 10, 2005.ORDER
(ROBERT A. ROSENBERG, J.)THIS CAUSE comes before the court upon an appeal of a county court order granting summary judgment, as well as attorneys’ fees. The court having reviewed the record and considered the briefs submitted by the parties, and being otherwise duly advised in premises, finds and decides as follows:
Appellant seeks a reversal of the county court’s denial of its motion to amend its affirmative defenses. Appellant furthermore, appeals the county court’s grant of attorneys’ fees and costs.
The standard of review for a denial of a motion to amend affirmative defenses is an abuse of discretion standard. Horacio O. Ferrea N. Am. Div., Inc. v. Moroso Performance Prods. Inc., 553 So.2d 336 (Fla. 4th DCA 1989). If reasonable men could differ as to the propriety of the action taken by the trial court, then it could not be said that the trial court abused its discretion. Canakaris v. Canakaris, 382 So.2d 1197 (Fla. 1980). Having reviewed the record, the briefs and applicable case law, this court finds that the trial court did not abuse its discretion when denying the motion to amend affirmative defenses.
Accordingly, it is hereby
ORDERED AND ADJUDGED that the trial court’s order granting summary judgment in favor of the appellee is AFFIRMED.
It is further ORDERED AND ADJUDGED that the grant of attorneys’ fees and costs by the lower court in favor of the appellee is AFFIRMED.
It is further ORDERED AND ADJUDGED that appellate fees and costs are also GRANTED. The trial court shall determine the amount upon remand.
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