27 Fla. L. Weekly Supp. 1031a
Online Reference: FLWSUPP 2712LICHInsurance — Complaint — Amendment — Where insurer confessed judgment based on amount sought in original complaint and plaintiff accepted the confession of judgment by cashing the check, matter was settled, leaving nothing left for court to determine other than reasonable attorney’s fees and costs — Medical provider’s motion to amend complaint is denied
ADVANTACARE OF FLORIDA LLC, a/a/o Mitchell Licht, Plaintiff, v. GEICO GENERAL INSURANCE COMPANY, Defendant. County Court, 7th Judicial Circuit in and for Volusia County. Case No. 2017 14250 CODL, Division 71. January 13, 2020. Angela A. Dempsey, Judge. Counsel: Brooke Boltz, Boltz Legal, Oviedo, for Plaintiff. Ashley Wright, Law Office of Kelly L. Wilson, Orlando, for Defendant.
ORDER GRANTING DEFENDANT’S MOTIONFOR ENTRY OF CONFESSED JUDGMENT
THIS CAUSE has come before the Court upon Defendant’s Motion For Entry of Confessed Judgment. The Court being fully advised in the premises, finds as follows:
Plaintiff filed the instant case, alleging damages “not exceeding $100.00” on December 29, 2017. The parties engaged in litigation of this case for approximately eighteen (18) months. On May 29, 2019, Defendant confessed judgment in the amount of $111.34, and stipulating to Plaintiff’s entitlement to reasonable attorney’s fees and costs. Plaintiff received Defendant’s confession and the check on June 5, 2019. On June 11, 2019, the Defendant filed a Notice of Confession of Judgment with the Court, and on the very same day, Plaintiff filed a Motion for Attorney’s Fees and Costs based upon the Confession of Judgment. Defendant’s check to Plaintiff was cashed on or about July 9, 2019.
On September 26, 2019, Plaintiff filed a Motion to Amend its Complaint. Defendant then filed its Motion for Entry of Confessed Judgment on October 10, 2019.
This Court finds that the Defendant confessed judgment in the amount sought by Plaintiff’s Complaint, with interest; Plaintiff accepted the Defendant’s confession of judgment by cashing the check; the matter was settled and the Court notified. Plaintiff even filed their motion for attorney’s fees based on their settlement with Defendant (i.e. the confession of judgment). There is nothing left for this Court to determine, other than reasonable attorney’s fees and costs. See Geico Cas. Co. v. Barber, 147 So.3d 109 (Fla. 5th DCA 2014) [39 Fla. L. Weekly D1727a].
It is therefore ORDERED AND ADJUDGED that Defendant’s Motion for Entry of Confessed Judgment is GRANTED. Plaintiff’s Motion to Amend the Complaint is MOOT.
