17 Fla. L. Weekly Supp. 380a
Online Reference: FLWSUPP 1705WESTInsurance — Attorney’s fees — Justiciable issues — Prevailing insurer
WESTCHESTER HEALTH REHAB CENTER, INC., a/a/o JESSICA ALVARINO, Plaintiff, vs. MERCURY INSURANCE COMPANY OF FLORIDA, Defendant. County Court, 11th Judicial Circuit in and for Miami-Dade County. Case No. 09-4456 SP 25. January 19, 2010. Lawrence D. King, Judge. Counsel: Ana D’Costa, Shirejian & O’Hara, Aventura. George David.
ORDER GRANTING DEFENDANT’S MOTIONFOR SANCTIONS PURSUANT TO F.S. §57.105
THIS MATTER having come on to be heard on December 16, 2009, on Mercury Insurance Company of Florida’s Motion for Sanctions Pursuant to F.S. §57.105, and the Court having considered the record, having heard the argument of counsel, and the Court being otherwise fully advised in the premises, it is hereby:
ORDERED AND ADJUDGED that:
Defendant’s Motion is Granted. This Court finds that Defendant is the prevailing party, and that Defendant gave adequate notice of its intent to claim reasonable attorney’s fee in compliance with F.S. §57.105. See Caufield v. Cantele, 837 So. 2d 371 (Fla. 2002); O’Hara Gallery, Inc. v. Nader, 892 So. 2d 512 (Fla. 3d DCA 2004).
Therefore, counsel for Defendant is entitled to recover a reasonable fee from Plaintiff. This Court orders counsel for Defendant to serve and file affidavits and time sheets in support of the demand for costs and fees within 30 days of the date of this Order. In the event Plaintiff files specific objections to the fees requested within 10 days thereafter, then the Court shall set an evidentiary hearing. If no specific objection to the time or amount is timely filed, this Court will rule based on the affidavits submitted.
