14 Fla. L. Weekly Supp. 724a

Attorney’s fees — Insurance — Personal injury protection — Voluntary dismissal — Granting of motion to award trial-preparation expenses after voluntary dismissal is discretionary

PROGRESSIVE SOUTHEASTERN INSURANCE COMPANY, Appellant, v. TOTAL REHAB & MEDICAL CENTERS, (a/a/o Gloria Ortiz), Appellee. Circuit Court, 17th Judicial Circuit (Appellate) in and for Broward County. Case No. 05-603 CACE (18). L.T. Case No. 02-07861 COCE 49. May 7, 2007. Counsel: Matt Hellman. Rina Kaplan.OPINION

(JOHN T. LUZZO, J.) THIS CAUSE comes before the Court upon Appellant’s appeal of a county court order denying Defendant/Appellant’s amended motion to tax costs and attorney’s fees entered July 12, 2004. This Court having reviewed the relevant brief, the appellate record, the applicable law, and being otherwise advised in the premises finds and rules as follows:

This court has jurisdiction.

The Appellant argues that after a voluntary dismissal without prejudice is entered the trial court, pursuant to Fla. R. Civ. P. 1.420(d), is required to make an assessment of all reasonable costs incurred by the defendant in preparation for trial and issue a judgment for such costs upon defendant’s timely motion to do so and that the trial court’s failure to do so is reversible error. The Florida Supreme Court has made it clear that granting a motion to award costs when a voluntary dismissal occurs and an opposing party has incurred legitimate trial-preparation expenses is discretionary. Coastal Petroleum Co. v. Mobile Oil Corp., 583 So.2d 1022, 1025 (Fla. 1991).

Accordingly, it is hereby

ORDERED AND ADJUDGED that trial court’s order is AFFIRMED.