26 Fla. L. Weekly Supp. 435b
Online Reference: FLWSUPP 2605OCONInsurance — Settlement agreement — Enforcement — Sanctions are awarded to medical provider where insurer issued payment due under settlement agreement after motion to enforce agreement was filed and thirty days late
BACUS CHIROPRACTIC, INC., d/b/a PALM-AIRE MEDICAL & REHAB CENTER, a/a/o Jocelyn O’Connor, Plaintiff, v. GEICO GENERAL INSURANCE COMPANY, Defendant. County Court, 17th Judicial Circuit in and for Broward County. Case No. COCE-17-010108-Div. 55. July 17, 2018. Daniel J. Kanner, Judge. Counsel: Abdul-Sumi Dalal, Plantation, for Plaintiff. Jacob S. Berger, Plantation, for Defendant.
ORDER GRANTING PLAINTIFF’S MOTIONTO ENFORCE SETTLEMENT
THIS CAUSE came before the Court for consideration of the Plaintiff’s Motion to Enforce Settlement and the Court having reviewed the Motion, and having been sufficiently advised in the premises, the Court finds as follows:
1. On May 4, 2018, the parties entered into a Settlement Agreement resolving all issues in this pending action. Pursuant to the agreement of the parties, Defendant was to issue payment for the agreed upon medical benefits and attorney’s fees and costs to the Plaintiff within twenty (20) days.
2. The Defendant failed to comply with the settlement agreement and only issued payment to the Plaintiff after this motion was filed and approximately thirty (30) days late.
3. A party may move to enforce a settlement agreement that has not been complied with by another party to the agreement. See e.g., Spiegel v. H. Allen Holmes, Inc., 834 So. 2d 295, 298 (Fla. 4th DCA 2002) [28 Fla. L. Weekly D107b]. In ruling on such a motion, the court may award attorneys’ fees to the movant. Id.
IT IS HEREBY ORDERED AND ADJUDGED that Plaintiff’s Motion is GRANTED. Defendant shall issue payment of $450.00 to Plaintiff’s Counsel Abdul-Sumi Dalal, Esq. within twenty (20) days from the date of this Order, failing which additional sanctions may be imposed.
