17 Fla. L. Weekly Supp. 1118b

Online Reference: FLWSUPP 1711BELIInsurance — Attorney’s fees — Proposal for settlement

GULF COAST INJURY CENTER, INC. as assignee of Hester Belisario, Plaintiff, v. AMICA MUTUAL INSURANCE COMPANY, Defendant. County Court, 13th Judicial Circuit in and for Hillsborough County, Civil Division. Case No.: 07-20790-J. June 9, 2010. Gaston J. Fernandez, Judge. Counsel: Douglas M. Fraley. Timothy A. Patrick, Nicholas & Patrick, P.A., Tampa..

ORDER GRANTING DEFENDANT’S REQUEST FOR TAXABLE COSTS AND DENYING REQUESTFOR ATTORNEYS’ FEES

This matter having come before the Court for hearing on May 17, 2010, upon the Defendant’s Motion for Costs and Attorneys’ Fees, served October 30, 2009, it is hereby

ORDERED and ADJUDGED as follows:

1. Defendant, as the prevailing party, is entitled to recover taxable costs;

2. Defendant’s Request for Attorneys’ Fees, pursuant to Florida Statute Section 768.79, is DENIED, based upon the case law argued by Plaintiff’s counsel, as set forth in the matter of Palm Beach Polo Holdings, Inc. v. Equestrian Club Estates Property Owners Assoc., Inc., 22 So.3d 140 (4th DCA 2009) and the case law cited therein.