13 Fla. L. Weekly Supp. 175b
NOT FINAL VERSION OF OPINION
Subsequent Changes at 13 Fla. L. Weekly D400a
Attorney’s fees — Justiciable issues — Insurance — Personal injury protection
PHYSICAL THERAPY WALK-IN CLINIC (As assignee of Maria Altaf), Plaintiff, vs. PROGRESSIVE EXPRESS INS. CO. (A corporation licensed to conduct Business in Florida), Defendant. County Court, 13th Judicial Circuit in and for Hillsborough County, Civil Division. Case No. 02-19401, Division H. November 9, 2005. Daniel E. Gallagher, Judge. Counsel: Timothy Patrick, Timothy A. Patrick, P.A., Tampa. Gale Young, Tampa.
ORDER GRANTING THE PLAINTIFF’S MOTION FOR REHEARING
[Original Opinion at 12 Fla. L. Weekly Supp. 158a]
THIS CAUSE, having come before the Court on February 15, 2005 on the Plaintiff’s Motion for Rehearing on the Court’s previous Order granting the Defendant its Entitlement to the Attorney’s Fees and Costs that it incurred in defending this action, and the Court after having heard the argument of counsel for the respective parties, and being otherwise duly advised in the premises, rules as follows:
1. The court hereby GRANTS the Plaintiff’s Motion for Rehearing. The court finds that the Plaintiff’s argument concerning the ruling in the companion case styled Physical Therapy Walk-In Clinic (As Assignee of Arselio Burgos) v. Progressive Express Ins. Co., wherein the court expressly denied an insurer’s motion for sanction, pursuant to Florida Statute, section 57.105, where the insurer had prevailed at summary judgment due solely to the fact that the insured’s PIP benefits were exhausted, is persuasive in this cause. The Court’s finding that the Burgos case was decided under 57.105 prior to legislative change is in error so that the Burgos precedent is to be followed for uniformity purposes among other reasons. See Florida Statute 57.105(2).
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