25 Fla. L. Weekly Supp. 826a
Online Reference: FLWSUPP 2509WHITInsurance — Personal injury protection — Where provider filed complaint seeking damages in amount of $99, exclusive of interest, costs, and attorney’s fees, and insurer thereafter tendered amount sought, with interest, and filed confession of judgment, insurer made valid confession of judgment, and court lacked jurisdiction to consider amended complaint seeking additional damages — Defendant’s motion for entry of final judgment granted — Jurisdiction reserved on issue of attorney’s fees
BRETZ CHIROPRACTIC CLINIC as Assignee of TYLER WHITLOCK, Plaintiff, v. GEICO GENERAL INSURANCE COMPANY, Defendant. County Court, 12th Judicial Circuit in and for Sarasota County, Small Claims Division. Case No. 2017 -SC-2322-NC. October 31, 2017. David L. Denkin, Judge. Counsel: H. Alexis Rosenberg, Rosenberg Law, P.A., Boca Raton, for Plaintiff. Gibelle G. Salomon, Law Office of Quentin B. Fairchild, Fort Myers, for Defendant.
FINAL JUDGMENT ORDER
THIS MATTER has come before this Court pursuant to Defendant’s Motion for Entry of Final Judgment.
Plaintiff filed a Complaint in Small Claims Court1 seeking damages in the amount of $99.00, exclusive of interest, costs and attorney’s fees on or about April 5, 2017. The Defendant filed a Notice of Appearance/Cancellation of Small Claims Pre-Trial Conference on April 20, 2017, and a Confession of Judgment for $109.49 (representing, the $99.00 claim in PIP benefits plus interest in the amount of $10.49) on May 2, 2017. The Plaintiff filed an amended Complaint seeking damages in the amount of $499.00, exclusive of interest, costs and attorney fees on May 3, 2017. The Defendant filed their Motion for Entry of Final Judgment on May 5, 2017.
The confession of judgment is an acknowledgment that a debt is justly due and in effect, ends the dispute.2 Once that was done, this court only has jurisdiction to enter the confessed judgment, and reserve on the issue of attorney fees. Geico Casualty Co. v. Barber, 147 So.3d 109 (Fla. 5th DCA 2014) [39 Fla. L. Weekly D1727a].
IT IS THEREFORE ORDERED AND ADJUDGED THAT the Plaintiff’s Amended Complaint is dismissed and a Final Judgment against the Defendant in the amount of $109.49, representing PIP benefits in the amount of $99.00 and interest in the amount of $10.49. The court reserves jurisdiction to enter such orders in furtherance of this court’s ruling.
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1Pursuant to Fla. Sm. Cl. R. 7.050 actions are commenced in Small Claims Court by the filing of a statement of claim in concise form which shall inform the defendant of the basis and the amount of the claim.
2Except for the issue of attorney fees when so entitled.
