25 Fla. L. Weekly Supp. 84a
Online Reference: FLWSUPP 2501CHAVAttorney’s fees — Proposal for settlement — Insurance — Personal injury protection — Insurer’s nominal proposal for settlement, which included $1.00 for medical benefits and $1.00 for plaintiff’s attorney’s fees and costs, was made in good faith — Insurer entitled to award of attorney’s fees where plaintiff did not respond within required 30-day period and final summary judgment finding zero liability was entered in favor of insurer
GABLES INSURANCE RECOVERY, a/a/o Noemi Chavez, Plaintiff, v. PROGRESSIVE AMERICAN INSURANCE COMPANY, Defendant, County Court, 11th Judicial Circuit in and for Miami-Dade County, Civil Division. Case No. 12-17732-SP-25 (04). April 12, 2017. Carlos Guzman, Judge. Counsel: Robert Pelier, Law Office of Robert Pelier, Coral Gables, and Aimee Gunnels, Gables Insurance Recovery, Coral Gables, for Plaintiff. Erick Martin and Michael P. Hughes, Progressive PIP House Counsel, Miami, for Defendant.
[Prior order at 22 Fla. L. Weekly Supp. 1167a]
ORDER GRANTING DEFENDANT’S MOTIONFOR ENTITLEMENT AND MOTION TO TAXATTORNEY’S FEES AND COSTS ANDMEMORANDUM OF LAW IN SUPPORT THEREOF
THIS CAUSE having come on to be heard on Defendant’s Motion for Entitlement and Motion to tax Attorney’s Fees and Costs and Memorandum of Law in Support Thereof, the Court having heard argument of counsel, and being otherwise advised in the premises, it is hereby,
1) Pursuant to Rule 1.442 Fl. R. Civ. P. and Fla. Stat. §768.79, on December 4th, 2014, the Defendant, served a good-faith Proposal for Settlement in the total amount of $2.00 ($1.00 for medical benefits/interest and $1.00 for Plaintiff’s attorney’s fees and costs).
2) Said Proposals for Settlement were e-served on the Plaintiff on December 4th, 2014.
3) The Plaintiff did not accept said Proposal for Settlement within the required/allowable thirty (30) days. Thus, Defendant’s Proposal for Settlement was deemed rejected pursuant to Florida Statute §768.79(1) on January 5, 2015 (the first business day after the expiration of 30 days).
4) On May 5th, 2015, this Honorable Court entered an Order Granting Defendant’s Motion for Final Summary Judgment and reserved jurisdiction to determine an award of attorney’s fees and costs to Defendant [ 22 Fla. L. Weekly Supp. 1167a].
5) The Order Granting Defendant’s Motion for Final Summary Judgment is one of zero liability, pursuant to Rule 1.442 of the Florida Rules of Civil Procedure and Fla. Stat. §768.79, the Defendant is entitled to reasonable attorneys’ fees and cost incurred for the defense of this action.
6) On March 1, 2017 this Honorable Court held a hearing on the matter of entitlement to attorney’s fees and costs under Fla. Stat. §768.79, Fla. R. Civ. P. 1.442 as well as on Plaintiff’s Verified Motion to Vacate Order Granting Final Summary Judgment in this cause.
7) At said hearing, Plaintiff’s counsel did not bring forth evidence nor contest that Defendant was entitled to an award of reasonable attorney’s fees and Defendant has prevailed in having Plaintiff’s Motion to vacate final summary judgment Denied.
8) This Court finds that the underlying proposal for settlement meets all requirements of Rule 1.442 Fl. R. Civ. P. and Fla. Stat. §768.79. The Court additionally finds that said proposal for settlement was made in good faith, finds that it is the Plaintiff’s burden to show evidence of bad faith, which it failed to do, and in accord with the rationale set forth by Defendant and the evidence and argument set forth at hearing, it is hereby:
ORDERED AND ADJUDGED that Defendant’s Motion for Entitlement and to Tax Attorney’s Fees and Costs is GRANTED. This Honorable Court reserves jurisdiction to determine the reasonable amount of an award of attorney’s fees and costs to Defendant.
