15 Fla. L. Weekly Supp. 743b
Insurance — Personal injury protection — Confession of judgment — Post-suit partial payment of PIP benefits constitutes confession of judgment
DADE INJURY REHABILITATION CENTER, Florida Corporation (assignee of Altenor, Herneste), Plaintiff, v. UNITED AUTOMOBILE INSURANCE COMPANY, Defendant. County Court, 17th Judicial Circuit in and for Broward County. Case No. 08-00969 COCE 56. April 25, 2008. Linda R. Pratt, Judge. Counsel: Russel Lazega, Law Office of Russel Lazega, P.A., North Miami, for Plaintiff. Matt Hellman, for Defendant.
ORDER GRANTING PLAINTIFF’S MOTION FOR PARTIAL SUMMARY JUDGMENT (Re: Confession of Judgment)
THIS CAUSE, came before the court for hearing on April 24, 2008, and the court, having reviewed the Motion, the court file, legal authorities and having heard argument of counsel, finds as follows:
Factual Background: This is a multi-count P.I.P. case. Plaintiff has tendered an affidavit to support its argument that Defendant made a partial payment for P.I.P. benefits after the filing of the instant lawsuit.
Conclusions of Law:This Court agrees with Plaintiff that payment of P.I.P. benefits after suit is filed is tantamount to a confession of judgment. See Wollard v. Lloyd’s and Companies of Lloyd’s, 439 So. 2d 217, 218 (Fla. 1983); see also United Auto. Ins. Co. v. Zulma, 661 So. 2d 947 (Fla. 4th DCA 1995). Plaintiff has submitted sufficient record evidence to support its position and there exists no genuine issue of material fact that Defendant provided payment of P.I.P. benefits post-suit.
Accordingly, it is hereby
ORDERED AND ADJUDGED that Plaintiff’s Motion for Partial Summary Judgment (re: Confession of Judgment) is GRANTED. Plaintiff is entitled to attorney’s fees and costs pursuant to F.S. s. 627.428 and this Court retains jurisdiction to determine a reasonable amount of said attorney’s fees at a later hearing.
