14 Fla. L. Weekly Supp. 978b
Attorney’s fees — Insurance — Personal injury protection — Proposal for settlement — Ambiguous proposal
RICHARD J. ROBINSON, D.C., P.A., (As Assignee of Olivia McGill), Plaintiff, v. MERCURY INSURANCE COMPANY OF FLORIDA, Defendant. County Court, 13th Judicial Circuit in and for Hillsborough County, Small Claims Division. Case No. 06-4104, Division I. August 17, 2007. Charlotte W. Anderson, Judge. Counsel: Timothy A. Patrick, Nicholas, Lipscomb & Patrick, P.A., Tampa, for Plaintiff. David B. Kampf, for Defendant.
[Editor’s note: See 15 Fla. L. Weekly Supp. 156b.]
ORDER DENYING DEFENDANT’S MOTION FOR ENTITLEMENT TO ATTORNEY’S FEES
THIS CAUSE having come before the Court on July 19, 2007 on the Defendant’s Motion for Entitlement to Tax Attorney’s Fees and Costs. Present before the Court were Plaintiff’s counsel, Timothy A. Patrick, and Defendant’s counsel, David B. Kampf, Esquire. The court after hearing argument of counsel and after review of the file, makes the following findings and ruling:
1. The Defendant’s (2) proposals of settlement are ambiguous.
2. The court relies on the following cases: Rivera v. Publix Super Markets, Inc., 929 So.2d 1184 (Fla. 4th DCA 2006) and Papouras v. Bellsouth Telecommunications, Inc., 940 So.2d 479 (Fla. 4th DCA 2006).
3. The court did not address costs and fees pursuant to F.S. 57.041 or F.S. 57.105.
4. The Defendant’s Motion for Entitlement to Tax Attorney’s Fees and Costs pursuant to the two (2) proposals of settlement filed in the current action is hereby DENIED.
