5 Fla. L. Weekly Supp. 483a
Attorney’s fees — Insurance — Personal injury protection — Arbitration — Defendant was prevailing party and was entitled to attorney’s fees where plaintiff withdrew from court-ordered arbitration
SILVERMAN CHIROPRACTIC/MEDICAL SERVICES, INC., Plaintiff, vs. FORTUNE INSURANCE COMPANY, Defendant. County Court in and for Dade County, Civil Division. Case No. 97-101 SP 23 (04). October 31, 1997. Reginald A. Richardson, Judge.
ORDER AND FINAL JUDGMENT
THIS CAUSE having come to be heard on October 31, 1997, on Defendant’s Motion for Final Judgment, and the Court having heard arguments from counsel for Plaintiff, noted the absence of Plaintiff, and being otherwise advised in the premises, the Court hereby FINDS the following:
1 On April 16, 1997 this Court entered an order compelling arbitration in this matter.
2 On May 15, 1997, plaintiff withdrew from arbitration thus concluding the proceedings.
3 Plaintiff’s withdrawal has rendered Defendant the prevailing party.
4 Pursuant to Florida Statute section 627.736(5), Defendant is entitled to attorneys fees. Based upon the Foregoing Findings of Fact, it is hereby ORDERED that Defendant’s Motion for Final Judgment be and the same is hereby GRANTED. It is further ordered that FINAL JUDGMENT be entered in favor of Defendant, FORTUNE INSURANCE COMPANY and against Plaintiff, SILVERMAN CHIROPRACTIC/MEDICAL SERVICES, INC., and that Defendant, FORTUNE INSURANCE COMPANY, shall recover its attorney’s fees and costs incurred in this matter, from Defendant, SILVERMAN CHIROPRACTIC/MEDICAL SERVICES, INC. This Court to reserve jurisdiction to determine the amount of attorney’s fees.
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