16 Fla. L. Weekly Supp. 578a
Online Reference: FLWSUPP 166SIRIA
Insurance — Personal injury protection — Attorney’s fees — Justiciable issues — Where medical provider and its attorneys knew or should have known that claim, when initially presented, was not supported by material facts necessary to establish claim and would not be supported by application of then-existing law to material facts, attorney’s fees and costs are awarded to insurer
BAYVIEW MEDICAL & REHAB CENTER, INC., a/a/o GARCIA, SIRIA, Plaintiff, vs. STATE FARM FIRE AND CASUALTY COMPANY, Defendant. County Court, 13th Judicial Circuit in and for Hillsborough County, Civil Division. Case No. 08-CC-11278SC. April 20, 2009. Joelle Ann Ober, Judge. Counsel: Ron Pilego. Steven Manno, Andrews & Manno, P.A., Tampa.
ORDER ON DEFENDANT’S MOTION FOR ATTORNEY’S FEES, COSTS & SANCTIONS PURSUANT TO FLORIDA STATUTE §57.105
THIS CAUSE, having come before this Honorable Court on April 1, 2009 on Defendant’s Motion for Attorney’s Fees, Costs & Sanctions Pursuant to Florida Statute §57.105, and after hearing argument of counsel and being fully advised in the premises herein, it is hereby
ORDERED AND ADJUDGED that the Court finds that the Plaintiff and the Plaintiff’s attorneys did not perform their due diligence prior to the filing of this lawsuit. It is further
ORDERED AND ADJUDGED that it is clear that this lawsuit should not have been filed. It is further
ORDERED AND ADJUDGED that the Court hereby grants Defendant’s Motion for Attorney’s Fees and Costs Pursuant to Florida Statute §57.105. It is further
ORDERED AND ADJUDGED that the Court specifically finds that Plaintiff and Plaintiff’s attorneys knew or should have known that this claim, when initially presented, was not supported by the material facts necessary to establish the claim and would not be supported by the application of then-existing law to the material facts. It is further
ORDERED AND ADJUDGED that the Defendant has met its burden under Florida Statute §57.105 with regards to the Plaintiff and Plaintiff’s attorneys and is entitled to attorney’s fees and costs. It is further
ORDERED AND ADJUDGED that this Court retains jurisdiction to determine the amount of attorney’s fees and costs.
