16 Fla. L. Weekly Supp. 768c

Online Reference: FLWSUPP 168MORAL

Insurance — Personal injury protection — Attorney’s fees — Justiciable issues — Attorneys fees and costs are awarded to insurer under section 57.105 where medical provider filed suit against wrong corporate entity

PVC MEDICAL CENTER a/a/o Gilberto Morales, Plaintiff, vs. STATE FARM FIRE AND CASUALTY COMPANY, Defendant. County Court, 13th Judicial Circuit in and for Hillsborough County, Small Claims Division. Case No. 08-CC-20489-SC. May 19, 2009. Eric Myers, Judge. Counsel: J. Ron Pliego. Steven D. Manno, Andrews & Manno, P.A., Tampa.

ORDER ON DEFENDANT’S MOTION FOR ATTORNEY’S FEES AND COSTS

THIS CAUSE, having come before this Honorable Court on May 7, 2009 on Defendant’s Motion for Attorney’s Fees and Costs, and after hearing argument of counsel and being fully advised in the premises herein, it is hereby.

ORDERED AND ADJUDGED:

1. The Plaintiff filed this action against State Farm Fire and Casualty Company on or about June 13, 2009.

2. Defendant filed its Motion for 57.105 with the Court on November 26, 2008 maintaining that the Plaintiff filed the lawsuit against the wrong corporate entity.

3. That the insurer who issued the policy of insurance to Gilberto Morales for this loss was State Farm Mutual Automobile Insurance Company, not State Farm Fire and Casualty Company.

4. That the Plaintiff subsequently filed a Voluntary Dismissal Without Prejudice on or about January 20, 2009.

5. That the Defendant has met all conditions precedent to maintaining this Motion.

6. That based upon the arguments of counsel and the evidence filed with this Court, it is hereby:

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 regard 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.