28 Fla. L. Weekly Supp. 340a
Online Reference: FLWSUPP 2804FATH
Attorney’s fees — Insurance — Property — Assignee of post-loss property insurance claim filed after enactment of section 627.7152(10) may recover attorney’s fees only under section 57.105 — Date that suit was filed, not date that assignment was signed, determines applicability of statute
FATHER & SON CARPET CLEANING & RESTORATION, LLC, Plaintiff, v. WESTERN WORLD INSURANCE COMPANY, Defendant. County Court, 11th Judicial Circuit in and for Miami-Dade County. Case No. 2019-017327-CC-05, Section CC06. March 27, 2020. Luis Perez-Medina, Judge.
ORDER GRANTING DEFENDANT’S MOTION TO STRIKE PLAINTIFF’S CLAIM FOR ATTORNEY’S FEES
THIS CAUSE came before the Court on February 25, 2020, upon Defendant’s Motion to Strike Plaintiff’s Claim for Attorney’s Fees, and the Court having reviewed the Motion, heard arguments of counsel, reviewed the file, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED as follows:
Defendant’s Motion to Strike Plaintiff’s Claim for Attorney’s Fees is hereby GRANTED. Plaintiff shall have 30 days from the date of this Order to file an Amended Complaint.
This suit was filed on July 22, 2019, after Governor DeSantis signed a bill enacting section 627.7152, Florida Statutes. Section 627.7152(10), Florida Statutes, controls claims for attorney fees in assignment of benefit suits. At the hearing, Plaintiff argued that section 627.428, Florida Statutes, controlled since the assignment of benefit form was signed on March 10, 2019, before the bill was enacted. Plaintiff’s argument is not persuasive. Section 627.7152(10), Florida Statutes, states:
Notwithstanding any other provision of law, in a suit related to an assignment agreement for post-loss claims arising under a residential or commercial property insurance policy, attorney fees and costs may be recovered by an assignee only under s. 57.105 and this subsection. (emphasis added).
Clearly, this subsection relates to the date a suit is filed rather than the date the assignment of benefits form is signed by the parties. See State v. Burris, 875 So. 2d 408, 410 (Fla. 2004) [29 Fla. L. Weekly S149a]. (“When a statute is clear, courts will not look behind the statute’s plain language for legislative intent or resort to rules of statutory construction to ascertain intent.”). Since the suit was filed after the bill was signed into law, section 627.7152(10) controls.
Accordingly, Defendant’s motion is GRANTED. Paragraphs fourteen and nineteen, along with the “Wherefore” clause within Plaintiff’s Complaint is stricken to remove any reference to sections 627.428 and 57.041, Florida Statutes. Plaintiff shall have 30 days from the date of this Order to file an Amended Complaint to allege any claims for attorney’s fees pursuant to sections 627.7152 and 57.105, Florida Statutes.
