13 Fla. L. Weekly Supp. 629b
Attorney’s fees — Insurance — Personal injury protection — Proposal for settlement — Insurer’s proposal for settlement for $100 was not made in bad faith — Prevailing insurer is entitled to award of attorney’s fees and costs
DR. ROBERT D. SIMON, MD, PA (James Taffuri), Plaintiff, v. PROGRESSIVE EXPRESS INSURANCE COMPANY, Defendant. County Court, 15th Judicial Circuit in and for Palm Beach County. Case No. 03-CC-27334-RJ. March 1, 2006. Sandra Bosso-Pardo, Judge. Counsel: Jeff D. Vastola. Paul B. Fulmer, Rissman, Barrett, Hurt, Donahue & McLain, P.A., Orlando.
ORDER GRANTING DEFENDANT’S MOTION TO TAX ATTORNEY’S FEES AND COSTS — ENTITLEMENT ONLY
THIS CAUSE having come to be heard on February 10, 2006 upon Defendant’s Motion to Tax Attorney’s Fees and Costs, and this Court, having heard argument of counsel, and being otherwise fully advised in the premises, hereby makes the following findings of facts:
1. The Proposal for Settlement served by Defendant on March 11, 2004 in the amount of $100.00 was not made in bad faith.
2. As such, the Defendant is entitled to attorney’s fees as the prevailing party based on the Final Judgment entered in its favor on December 7, 2005. [13 Fla. L. Weekly Supp. 501b] See Ryan v. Lobo de Gonzalez, 841 So.2d 510 (Fla. 4th DCA 2003); Dept. Highway Safety v. Weinstein, 747 So.2d 1019 (Fla. 3d DCA 1999); and State Farm Mutual v. Marko, 695 So.2d 874 (Fla. 2d DCA 1997).
3. Defendant’s Motion to Tax Attorney’s Fees and Costs is GRANTED. Defendant is entitled to recover its reasonable attorneys’ fees and costs.
4. The Court specifically reserves jurisdiction to determine the amount of fees and costs to be awarded.
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