23 Fla. L. Weekly Supp. 294a
Online Reference: FLWSUPP 2303NAPLInsurance — Attorney’s fees — Claim or defense not supported by material facts or applicable law — Where insurer’s motion to dismiss for lack of standing was wholly devoid of merit based on material facts and applicable law, motion for sanctions is granted
NAPLES HMA, LLC D/B/A PHYSICIANS REGIONAL MEDICAL CENTER-COLLIER BOULEVARD, Plaintiff, vs. PROGRESSIVE SELECT INSURANCE COMPANY, Defendant. County Court, 20th Judicial Circuit in and for Collier County, Civil Division. Case No. 13-SC-162. August 7, 2015. Rob Crown, Judge. Counsel: Robert B. Goldman, Florida Advocates, Dania Beach, for Plaintiff. Brian Giddings, Adams and Diaco, for Defendant.
ORDER GRANTING PLAINTIFF’S MOTIONFOR SANCTIONS PURSUANT TO F.S. §57.105
THIS CAUSE was brought before the Court on Plaintiff’s Motion for Sanctions Pursuant to F.S. §57.105 as to Defendant’s Motion to Dismiss for Lack of Standing. Specifically, Defendant filed a Motion to Dismiss based on lack of standing, a motion wholly devoid of merit based on the material facts and the applicable law. Rather, Defendant’s Motion to Dismiss served no purpose other than to delay the progression of the case. Having considered the evidence and arguments presented and the applicable law, and otherwise being fully advised in the premises, it is hereby
ORDERED AND ADJUDGED that Plaintiff’s Motion for Sanctions Pursuant to F.S. §57.105 as to Defendant’s Motion to Dismiss for Lack of Standing is granted. Plaintiff is entitled to attorney’s fees and costs divided equally by Defendant and its counsel in an amount to be determined at an evidentiary hearing.
