24 Fla. L. Weekly Supp. 989b
Online Reference: FLWSUPP 2411PAGEInsurance — Personal injury protection — Motion to preclude taxation of a fee for plaintiff’s expert on the matter of reasonableness of attorney’s fees and costs is granted
PADRON FACILITY, INC. a/a/o Julio R. Page, Plaintiff, vs. PROGRESSIVE EXPRESS INSURANCE COMPANY, Defendant. County Court, 11th Judicial Circuit in and for Miami-Dade County, Civil Division. Case No. 15-7155 SP-26 (04). February 17, 2017. Lawrence D. King, Judge. Counsel: Yvette Blackwell Gomez, Law Offices of Yvette Blackwell Gomez, Miami, for Plaintiff. Camille Riviere and Michael P. Hughes, Progressive PIP House Counsel, Miami, for Defendant.
ORDER GRANTING DEFENDANT’S AMENDED MOTIONTO WAIVE ATTORNEY FEE EXPERT WITNESSESOR MOTION TO PRECLUDETAXATION OF EXPERT WITNESS FEE
THIS CAUSE having come on to be heard on February 14, 2017 on Defendant’s, PROGRESSIVE EXPRESS INSURANCE COMPANY, Amended Motion to Waive Attorney Fee Expert Witnesses or Motion to Preclude Taxation of Expert Witness Fee, and the Court having heard argument of Counsel, having reviewed the Court file, and being otherwise advised in the premises, it is hereby:
ORDERED that said Motion is GRANTED. The Court hereby precludes taxation of Plaintiff’s Expert Fee (on the matter of reasonableness of attorney’s fees and costs) to Defendant, PROGRESSIVE EXPRESS INSURANCE COMPANY. That Defendant was served by Plaintiff with the lawsuit in this case on October 14, 2015, Counsel for Defendant filed a Notice of Appearance on October 26, 2015 and that the parties resolved this claim by way of Confession of Judgment by the Defendant on October 27, 2015, this Court is bound by the 3d DCA holding of United States Fidelity & Guaranty Co. v. Rafael Rosado, 606 So.2d 628 (Fla. 3d DCA 1992) (reversing the award of expert fees, holding that awarding expert fees in a simple PIP case which settled six days after the case was filed, was an abuse of discretion).
