13 Fla. L. Weekly Supp. 352a
Attorney’s fees — Insurance — Personal injury protection — Timeliness of motion — Motion to tax attorney’s fees and costs filed more than 30 days after entry of order granting summary judgment without reservation of jurisdiction regarding fees and costs was untimely filed, regardless of fact that medical provider improperly filed voluntary dismissal after entry of order granting summary judgment
THE ORTHOPEDIC CENTER OF NORTH CENTRAL FLORIDA, P.A., as assignee of Charlotte Shafer, Plaintiff(s), vs. NATIONWIDE MUTUAL FIRE INSURANCE COMPANY, Defendant. County Court, 9th Judicial Circuit in and for Orange County. Case No. 2003-CC-6871-O. January 20, 2006. Antoinette Plogstedt, Judge. Counsel: Robert G. Nichols, Nichols Williams, Ft. Lauderdale, for Plaintiff. Scott Simmons, Longwood, for Defendant.
ORDER GRANTING PLAINTIFF’S MOTION TO STRIKE DEFENDANT’S MOTION TO TAX ATTORNEY’S FEES AND COSTS
THIS CAUSE having come before on to be heard upon the Plaintiff’s Motion to Strike Defendant’s Motion to Tax Costs and Attorney’s Fees, and the Court having reviewed the Motion, and heard argument of Counsel for the Parties in open court, it is hereupon,
ORDERED AND ADJUDGED that the Plaintiff’s Motion to Strike Defendant’s Motion to Tax Costs and Attorney’s Fees is hereby Granted based upon the following findings:
1. That Defendant filed a Motion for Summary Judgment that was dispositive of all issues in the case.
2. That on April 15, 2005, this Court entered an “Order Granting Defendant’s Motion for Summary Judgment,” which effectively resolved all issues in this cause and granted judgment for the Defendant. [12 Fla. L. Weekly Supp. 670c] No reservation of jurisdiction regarding attorney’s fees and costs was requested nor included in that order.
3. That on April 21, 2005, Plaintiff improperly filed a Voluntary Dismissal without Prejudice. Florida Rule of Civil Procedure 1.420(a) requires that a Voluntary Dismissal be filed prior to hearings on Motions for Summary Judgment.
4. That on October 26, 2005, Defendant filed a Motion to Tax Attorney’s Fees and Costs.
5. That no attempt has ever been made to move to enlarge any relevant time periods in this case.
6. That pursuant to Florida Rule of Civil Procedure 1.525, “Any party seeking a judgment taxing costs, attorney’s fees, or both shall serve a motion within 30 days after filing of the judgment, including a judgment of dismissal, or the service of a notice of voluntary dismissal.”
7. That Defendant’s motion was untimely. This Court’s Order Granting the Defendant Summary Judgment on the sole dispositive in this case effectively ended all further litigation on the merits of the case. Therefore, the Defendant’s motion would have been due no later than May 15, 2005.
9. That since the Defendant failed to file his Motion to Tax Attorney’s Fees and Costs within 30 days after entry of Order Granting Summary Judgment, the motion was untimely and is hereby stricken. The Defendant is not entitled to an award of fees or costs.
* * *
