17 Fla. L. Weekly Supp. 609a

Online Reference: FLWSUPP 1707ULYSInsurance — Attorney’s fees — Justiciable issues — Safe harbor provision — Sanction for insurer’s failure to comply with 21-day safe harbor provision of section 57.105 is denial of motion for attorney’s fees

ALTAMONTE SPRINGS DIAGNOSTIC IMAGING, INC. d/b/a MID FLORIDA IMAGING, as assignee of Murat Ulysse, Plaintiff, vs. GOVERNMENT EMPLOYEES INSURANCE COMPANY, Defendant. County Court, 18th Judicial Circuit in and for Seminole County. Case No. 09-SC-3149. March 23, 2010. Donald L. Marblestone, Judge. Counsel: Michael Tierney, Winter Park. Scharome R. Deaton, Orlando.

ORDER DENYING DEFENDANT’S MOTION FOR ATTORNEY’S FEES PURSUANT TO FLORIDA STATUTES 57.105

THIS CAUSE having come before the Court on March 2, 2010, and the Court having reviewed the Motion(s) being otherwise duly advised in the premises, it is hereby

ORDERED AND ADJUDGED:

1. Defendant’s Motion for Attorney’s Fees is DENIED due to Defendant’s violation of Fla. Stat. §57.105(4). Specifically, Defendant filed its Motion for Attorney’s Fees, under Fla. Stat. §57.105, with the Court without providing the Plaintiff 21-day notice, as required by subsection 4. The Court finds that the appropriate sanction for Defendant’s violation of Fla. Stat. §57.105(4) is to deny the Defendant’s motion for entitlement to fees. Otherwise, there would be no penalty for violating Fla. Stat. §57.105(4).

2. Defendant’s Ore Tenus Motion for the Court to impose fees sua sponte, pursuant to Fla. Stat. §57.105(1) is DENIED.