23 Fla. L. Weekly Supp. 251a
Online Reference: FLWSUPP 2303CORSInsurance — Personal injury protection — Attorney’s fees — Claim or defense not supported by material facts or applicable law — Where insurer served notice of intent to seek section 57.105 attorney’s fees on medical provider via electronic mail, operation of Rule 2.514(b) afforded provider five additional days in which to dismiss case under safe harbor provisions of that statute — Motion for attorney’s fees and costs is denied
MOORE CHIROPRACTIC CENTER INC. A/A/O JASON CORSE, Plaintiff, v. UNITED SERVICES AUTOMOBILE ASSOCIATION, Defendant. County Court, 4th Judicial Circuit in and for Clay County. Case No. 2014-SC-477-(D). April 30, 2015. Richard Townsend, Judge. Counsel: Adam Saben, Shuster & Saben, Jacksonville, for Plaintiff. Dennis Frantzman, Herssein Law Group, Tampa, for Defendant.
ORDER DENYING DEFENDANT’SMOTION FOR ATTORNEY’S FEES ANDCOSTS PURSUANT TO F.S. 57.105
THIS CAUSE came before the Court for hearing on April 28, 2015 on Defendant’s Motion for Attorney’s Fees and Costs pursuant to F.S. 57.105. The Court, having reviewed the motions and entire Court file and been sufficiently advised in the premises, finds as follows:
The facts in this case are not in dispute. The Plaintiff filed a lawsuit for unpaid PIP benefits on or about April 14, 2014. On July 2, 2014 the Defendant filed its Answer and sent a letter to the Plaintiff via electronic mail placing the Plaintiff on notice of the Defendant’s intent to seek fees pursuant to F.S. 57.105. Counting twenty-one (21) days forward, the expiration would have been on July 23, 2014. However, applying Florida Rule of Judicial Administration 2.514(b), the Plaintiff is afforded an additional five (5) days when service is made by mail or email. Therefore, Plaintiff had until July 28, 2015 to dismiss the case under the safe harbor of F.S. 57.105. The Plaintiff filed its voluntary dismissal on July 28, 2015.
The Court finds that there is nothing in F.S. 57.105 that proscribes the application of Florida Rule of Judicial Administration 2.514(b) to the computation of time in this case. Applying said Rule, the Plaintiff voluntarily dismissed this case within the safe harbor afforded to the Plaintiff by application of five (5) additional days since the letter at issue in this case was served by email. The Court need not rule on the merits of the motion because of the application of the procedural mandate of Rule 2.514(b).
Therefore, it is ORDERED and ADJUDGED that Defendant’s Motion for Attorney’s Fees and Costs pursuant to F.S. 57.105 is DENIED.
