23 Fla. L. Weekly Supp. 1074a
Online Reference: FLWSUPP 2310TROUInsurance — Personal injury protection — Settlement agreement — Enforcement
XTREME CHIROPRACTIC & REHAB, INC. a/a/o WILLIE TROUPE, Plaintiff, v. GOVERNMENT EMPLOYEES INSURANCE COMPANY, Defendant. County Court, 17th Judicial Circuit in and for Broward County. Case No. 14-001220 COCE 53. February 19, 2016. Honorable Robert W. Lee, Judge. Counsel: Emilio Stillo, Davie, for Plaintiff. Reuven Herssein, Miami, for Defendant.
ORDER ON PLAINTIFF’S MOTION TO ENFORCESETTLEMENT AGREEMENT PURSUANT TO ORDEROF DISMISSAL DATED OCTOBER 6, 2015
THIS CAUSE came before the Court on February 19, 2016 for hearing of the Plaintiff’s Motion to Enforce Settlement Agreement pursuant to Order of Dismissal dated October 6, 2016, and the Court’s having reviewed the Motion, the entire Court file, and the relevant legal authorities; having heard argument; having made a thorough review of the matters filed of record; and having been sufficiently advised in the premises, the Court finds as follows:
1. This matter concerns a claim for assigned personal injury protection (PIP) insurance benefits arising out of an automobile accident.
2. Plaintiff filed the instant lawsuit on or about January 17, 2014.
3. On September 4, 2015, the parties reached an agreement regarding the medical benefits at issue in the instant case.
4. On September 15, 2015, the parties filed a Stipulation of Settlement, and stipulated that they had settled both the medical benefits as well as the Plaintiff’s attorney’s fees and costs.
5. As a result of such agreement, Defendant was required to make payment, in the form of two (2) separate drafts, of the settlement proceeds. One draft was to be issued for attorney’s fees and costs, and one draft was to be issued for PIP benefits in the amount of $614.59.
6. Defendant sent, and Plaintiff received, the settlement draft for attorney’s fees and costs.
7. On October 6, 2015, this Court entered an Order of Dismissal, “reserving jurisdiction to enforce the terms of the settlement, including without limitation, clearance of settlement funds and determination of any issue of attorney’s fees and costs.”
8. On November 12, 2015, Plaintiff’s counsel emailed Defense counsel amicable correspondence asking Defense counsel to advise Plaintiff on the status of the draft for benefits, pursuant to the settlement agreement both parties had entered. Defense counsel responded via email the same day, indicating that counsel would confer with his client and advise as soon as possible regarding the settlement draft for benefits.
9. Defense counsel failed to advise Plaintiff’s counsel regarding the status of the draft for benefits. Therefore, on December 11, 2015, Plaintiff’s counsel sent additional email correspondence inquiring as to the draft for benefits, and advising Defense counsel that neither Plaintiff nor Plaintiff’s counsel had received same.
10. Absent any response from Defense counsel regarding the draft for benefits, Plaintiff’s counsel sent yet another email correspondence to Defense counsel on January 5, 2016, asking Defense counsel to advise what happened regarding the draft for benefits, in an attempt to avoid the necessity of filing the Motion to Enforce Settlement Agreement which is the subject of this Order.
11. Defense counsel again failed to advise Plaintiff’s counsel regarding the status of the draft for benefits. Therefore, on January 12, 2016, Plaintiff’s counsel filed Plaintiff’s Motion to Enforce Settlement Agreement, and sent email correspondence to Defendant with a courtesy copy of said Motion, advising Defense that it appeared Plaintiff would have to set said Motion for hearing and seek its reasonable attorney’s fees incurred as a result of Defendant’s failure to timely comply with the parties’ settlement agreement regarding benefits.
12. On January 28, 2016, Defense counsel sent email correspondence to Plaintiff’s counsel advising that he had received the settlement check from his client and would be sending same out that same day.
13. Despite the settlement agreement entered into by the parties, Defendant failed to tender said moneys to Plaintiff timely.
IT IS THEREFORE ORDERED AND ADJUDGED that the Plaintiff’s Motion to Enforce Settlement Agreement is GRANTED. The Court hereby awards Plaintiff interest on the settlement agreement from September 4, 2015 through February 2, 2016, at an amount of 12% per annum pursuant to Florida Statute §627.4265, as well as reasonable attorney’s fees for enforcing the settlement agreement pursuant to Florida Statute §627.428. Plaintiff is entitled to interest in the amount of $30.51. Plaintiff’s counsel is entitled to attorney’s fees in the amount of $800.00.
