16 Fla. L. Weekly Supp. 731b

Online Reference: FLWSUPP 168HURTA

Insurance — Personal injury protection — No error in entering final judgment for medical provider and awarding attorney’s fees where insurer refused to issue draft without endorsement which it admits is unenforceable

UNITED AUTOMOBILE INSURANCE COMPANY, Appellant, vs. HOLLYWOOD DIAGNOSTIC CENTER, a/a/o Manuel Hurtado, Appellee. Circuit Court, 17th Judicial Circuit (Appellate) in and for Broward County. Case No. 08-35610(19). L.T. Case No. 07-10020(55). May 22, 2009. Counsel: Michael J. Neimand. Amir Fleischer. Roberts J. Bradford.

OPINION

(JEFFREY E. STREITFELD, J.) In this Appeal from a Final Judgment and Order awarding attorneys fees, Appellant United Automobile Insurance Company has failed to demonstrate error. Appellant inexplicably refused to issue a draft without an endorsement which it admits on appeal is unenforceable.

Accordingly, the Final Judgment and Order are affirmed. Appellee’s Motion for Attorneys Fees on Appeal is granted; the amount shall be determined by the trial court upon remand.