16 Fla. L. Weekly Supp. 531a
Online Reference: FLWSUPP 166SIEGF
Insurance — Personal injury protection — Attorney’s fees — Where medical provider withdrew all bills for service to insured on morning of day of hearing on insurer’s verified petition for pure bill of discovery/motion for discovery and motion for good cause, but hearing proceeded as scheduled, insurer is entitled to attorney’s fees for appearance at hearing and court reporter fees for certificates of nonappearances
STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Petitioner, v. SIEGFRIED HOLZ, MD, P.A., Respondent. Circuit Court, 10th Judicial Circuit in and for Polk County. Case No. 53-2008CA-006640-0000-WH. March 27, 2009. Karla Foreman Wright, Judge. Counsel: Jason Lamoureux. Steven Manno, Andrews & Manno, P.A., Tampa.
ORDER ON PETITIONER’S MOTION FOR ENTITLEMENT TO ATTORNEY FEES AND COSTS PURSUANT TO FLORIDA STATUTE §627.736(6)(C)
THIS CAUSE, having come before this Honorable Court on Petitioner’s Motion for Entitlement to Attorney Fees and Costs pursuant to Florida Statute §627.736(6)(c) on Wednesday, February 18, 2009, and after hearing argument of counsel and being fully advised in the premises herein, it is hereby ORDERED AND ADJUDGED as follows:
FACTUAL FINDINGS
1. State Farm has received billing for alleged medical services provided by Siegfried Holz, M.D., P.A., on behalf of its insured, Jean Victor.
2. State Farm requested in a Verified Petition for Pure Bill of Discovery/Motion for Discovery Pursuant to Florida Statute §627.736(6)(c) and Motion for Good Cause for an order from this Court for (1) the person with the most knowledge regarding the billing at Siegfried Holz, M.D., P.A. and (2) the person with the most knowledge regarding the potential referral relationship between Siegfried Holz, M.D., P.A. and Community Chiropractor of Davenport, LLC to appear for a deposition and produce all of the following requested information:
a. A written report of history, condition, treatment, date and costs of such treatment of Jean Victor and why the medical bills and medical treatment were reasonable in amount and medically necessary, together with a sworn statement that the treatment for services rendered were reasonable and necessary with respect to the bodily injury sustained,
b. A complete copy of the insured/patient’s file(s), cover to cover,
c. All billing records for Jean Victor,
d. Any evidence of referral agreements, whether verbal, written or other between Siegfried Holz, M.D., P.A. or Lakeland Open MRI and Community Chiropractor of Davenport,
e. Copies of the fee schedules, fee slips, and/or super bill utilized in determining the amount billed to State Farm, including, but not limited to, the transportation service charge,
f. Any evidence of agreements, whether verbal, written or other between Siegfried Holz, M.D., P.A. and Eddie’s Limousine and Transportation, Inc. for 2007 and 2008,
g. All receipts from the transportation services rendered to Jean Victor,
h. A list of all employees, independent contractors and agents who are employed by Siegfried Holz, M.D., P.A. along with their respective title and/or position,
i. Sworn statements attesting to the facts that services bills for Jean Victor were actually performed,
j. All sign in sheets executed by Jean Victor,
k. Identify all shareholders, owners, and corporate officers of LLC members of Siegfried Holz, M.D., P.A.,
l. Information indicating specifically what services were performed to support the billings of CPT codes, and
m. Information regarding the practices, procedures and manner in which the Standard Disclosure and Acknowledgment is executed.
3. State Farm scheduled its Verified Petition for Pure Bill of Discovery/Motion for Discovery Pursuant to Florida Statute §627.736(6)(c) and Motion for Good Cause for hearing on November 7, 2008 at 1:15 p.m.
4. During the morning of November 7, 2008, Siegfried Holz, M.D., P.A. withdrew any and all bills for services to Jean Victor.
5. Although Siegfried Holz, M.D., P.A. withdrew any and all bills for services to Jean Victor, State Farm’s Verified Petition proceeded as scheduled on November 7, 2008.
6. The Honorable James Yancey opined that State Farm’s Verified Petition was moot based upon Siegfried Holz, M.D., P.A. withdrawing any and all bills for services to Jean Victor. The Court retained jurisdiction as to State Farm’s request for attorney’s fees and costs.
7. On February 18, 2009, State Farm’s Motion for Entitlement to Attorney’s Fees and Costs was heard and it is hereby
ORDERED AND ADJUDGED that the Court finds that the Petitioner is entitled to attorney fees for the appearance at the hearing dated November 7, 2008 and all court reporter fees for the certificates of non appearances on May 9, 2008 and May 23, 2008.
