14 Fla. L. Weekly Supp. 305c
Insurance — Personal injury protection — Attorney’s fees — Charging lien — Where insurer had been placed on notice of claim by medical provider’s former counsel for attorney’s fees and costs pursuant to notice of charging lien prior to parties’ entry into settlement agreement for payment of PIP benefits, settlement agreement did not absolve insurer of obligation to compensate provider’s former counsel for reasonable fees and costs of representing provider prior to discharge
CONTEXT MEDICAL GROUP, INC., a/a/o Carolina Ahumada, Plaintiff, vs. UNITED AUTOMOBILE INSURANCE COMPANY, Defendant. County Court, 11th Judicial Circuit (Civil) in and for Miami-Dade County. Case No. 03-4133 CC-25 (1). January 9, 2007. Andrew S. Hague, Judge. Counsel: Bernard H. Butts, for Plaintiff. Lewis E. Robinson, for Defendant. Dennis A. Donet, LLP, Miami, as former Counsel for Plaintiff and moving party.
ORDER GRANTING DENNIS A. DONET, ESQ.’S MOTION TO DETERMINE ENTITLEMENT TO ATTORNEY’S FEES PURSUANT TO CHARGING LIEN
THIS CAUSE came on to be heard before me, the undersigned
Judge of the above entitled Court on December 7, 2006, at 3:00 p.m., upon Dennis A. Donet, Esq.’s Motion to Determine Entitlement to Attorney’s Fees Pursuant to Charging Lien; and the Court having reviewed said Motion; having heard argument of Counsel for the respective parties, and being otherwise fully advised in the premises, the Court makes the following,
FINDINGS OF FACT:
A. On June 28, 2004, Dennis A. Donet, Esq., filed his Notice of Charging Lien in this matter, properly served the parties hereto with said Notice, and did all things necessary to perfect said Lien against the Defendant, United Automobile Insurance Company. Gaebe, Murphy, Mullen & Antonelli vs. Bradt, 704 So.2d 618 (Fla. 4th DCA 1997).
B. On September 6, 2006, this Honorable Court entered its Order of Dismissal Based on Settlement, after having been advised by the Parties that a settlement had been reached pursuant to which PIP benefits were paid by Defendant to Plaintiff.
C. Dennis A. Donet, Esq., was not given notice of these proceedings.
D. Defendant, UNITED AUTOMOBILE INSURANCE COMPANY, had been placed on notice of Dennis A. Donet, Esq.’s claim for attorneys fees and costs pursuant to the Notice of Charging Lien filed on June 28, 2004.
E. Any settlement or agreement subsequently entered into by and between Plaintiff and Defendant, pursuant to which Defendant agreed to pay PIP benefits to Plaintiff, did not absolve Defendant of its obligation to compensate Plaintiff’s former counsel for the reasonable attorneys fees and costs incurred in his representation of Plaintiff prior to his discharge by Plaintiff in this matter.
Therefore, it is, upon consideration,
ORDERED AND ADJUDGED:
F. That pursuant to the authority of Hutchins v. Hutchins, 522 So.2d 547 (Fla. 4th DCA 1988), Rose v. Rose, 898 So.2d 1216 (Fla. 3rd DCA 2005) and Miller v. Scobie, 11 So.2d 892 (Fla. 1943), Dennis A. Donet, Esq.’s Motion to Determine Entitlement to Attorney’s Fees Pursuant to Charging Lien be, and the same is hereby GRANTED.
G. This Court reserves jurisdiction to determine the amount of reasonable attorney’s fees and costs to be awarded to Dennis A. Donet, Esq., and against Defendant, UNITED AUTOMOBILE INSURANCE COMPANY.
