14 Fla. L. Weekly Supp. 565a
Attorney’s fees — Insurance — Personal injury protection — Discovery — Insurer’s motion for attorney’s fees for bringing action against medical provider to resolve discovery dispute is denied where provider withdrew claims that were subject of discovery requests before court action was brought
ESURANCE INSURANCE COMPANY (James Myers), Petitioner/Movant, vs. COMPUTERIZED MUSCULAR & FITNESS TESTING, INC, Respondent. Circuit Court, 17th Judicial Circuit in and for Broward County. Case No. 04004169 COCE 04. ALLSTATE INSURANCE COMPANY (Leona Richardson), Petitioner/Movant, vs. COMPUTERIZED MUSCULAR & FITNESS TESTING, INC., Respondent. Case No. 04010826 CACE 1. ALLSTATE INSURANCE COMPANY (Loran Clarke), Petitioner/Movant, vs. COMPUTERIZED MUSCULAR & FITNESS TESTING, INC., Respondent. Case No. 04-166554 CACE II. ALLSTATE INSURANCE COMPANY (Victoria Boswell), Petitioner/Movant, vs. COMPUTERIZED MUSCULAR & FITNESS TESTING, INC, Respondent. Case No. 04-16550 CACE 09. ALLSTATE INSURANCE COMPANY (Mitchell Boswell), Petitioner/Movant, vs. COMPUTERIZED MUSCULAR & FITNESS TESTING, INC. Respondent. Case No. 04-12566 CACE 04. ALLSTATE INSURANCE COMPANY (Felicia Lanier). Petitioner/Movant, vs. COMPUTERIZED MUSCULAR & FITNESS TESTING, INC., Respondent. Case No. 04-010883 CACE 05. ALLSTATE INSURANCE COMPANY (Michelle Godoy), Petitioner/Movant, vs. COMPUTERIZED MUSCULAR & FITNESS TESTING, INC., Respondent. Case No. 04-1184 COCE 21. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY (Jeanne Martin), Petitioner/Movant, vs. COMPUTERIZED MUSCULAR & FITNESS TESTING, INC., Respondent. Case No. 04-15546 CACE 08. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY (Jose A. Gonzalez), Petitioner/Movant, vs. COMPUTERIZED MUSCULAR & FITNESS TESTING, INC., Respondent. Case No. 04-14018 COCE 21. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY (Maryanne Dolson), Petitioner/Movant, vs. COMPUTERIZED MUSCULAR & FITNESS TESTING, INC., Respondent. Case No. 04-16548 CACE 08. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY (Venus Barratta), Petitioner/Movant, vs. COMPUTERIZED MUSCULAR & FITNESS TESTING, INC., Respondent. Case No. 04-15278 CACE 11. March 26, 2007. Counsel: Charles J. Kane, Kane & Kane, Boca Raton. Frank Goldstein, Fort Lauderdale.
Order Denying Petitioner’s Motion for
Entitlement to Attorney’s Fees and Costs
(ROBERT CARNEY, J.) On March 13, 2007 the Court heard Petitioners’ Motion for Entitlement to Attorney’s Fees and Costs brought on behalf of Allstate Insurance Company. The facts were undisputed. Petitioner filed the instant actions asserting rights pursuant to F.S. §627.736(6)(c), a statutory action whereby an insurer can seek court assistance to obtain resolution of a discovery dispute between the insurer and a person asked to provide information within the purview of discovery permitted under F.S. §627.736. The Respondents offered no resistance to Petitioner’s actions for discovery. Before any further action was taken asking the Court to resolve anything the Respondent withdrew the claims that were the subject of the Petitioner’s requests for discovery thereby rendering further discovery of those facts moot. Upon consideration,
IT IS ORDERED AND ADJUDGED that Petitioner’s Motion is denied.
