6 Fla. L. Weekly Supp. 512b
Insurance — Attorney’s fees — Offer of judgment — Insurer entitled to attorney’s fees and costs pursuant to its offer of judgment
ROSE DEVAUX, Plaintiff, vs. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant. County Court of the 13th Judicial Circuit in and for Hillsborough County, Civil Division. Case No. 97-1323-SC, Division “I”. April 19, 1999. Charlotte W. Anderson, Judge. Counsel: Timothy A. Patrick, for Plaintiff. Karen A. Barnett, Barnett & Associates, P.A., Tampa, for Defendant.
ORDER GRANTING DEFENDANT’S MOTION FOR ATTORNEY’S FEES AND COSTS
This cause having come before the Court on March 30, 1999 upon Defendant’s Motion for Attorney’s Fees and Costs and the Court having heard argument concerning Defendant’s entitlement to said fees and costs pursuant to its Offer of Judgment and having reviewed the applicable case law hereby finds as follows:
1. That this Court is bound by the decision of the Thirteenth Judicial Circuit in the case of Beck v. State Farm Fire and Casualty Company, an opinion rendered by Circuit Judge James D. Whittemore in Case No. 93-4795, sitting in his appellate capacity within the Thirteenth Judicial Circuit.
2. That the Court also finds the case of Weesner v. USAA, 23 Fla. L. Weekly D1049 (Fla. 5th DCA April 24, 1998) to be authoritative as to the application of offers of judgment in the presence of Florida Statutes Section 627.428.
3. That based upon the foregoing, the Court hereby GRANTS Defendant’s Motion as to entitlement and does hereby reserve jurisdiction to set the amount of attorney’s fees to be awarded to Defendant herein.
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