8 Fla. L. Weekly Supp. 224a
Insurance — Attorney’s fees — Insurer not entitled to prevailing party attorney’s fees inasmuch as Florida Supreme Court held section 627.736(5) unconstitutional
HEALTH CARE FINANCIAL SERVICES, INC. (As Assignee of Ana Guzman), Appellant(s), vs. NATIONWIDE MUTUAL INSURANCE CO., Appellee(s). Circuit Court, 13th Judicial Circuit (Appellate) in and for Hillsborough County, Civil Division. Appeal Case No. 99-4048, Division “J”. Lower Court No. 97-9062, Division “I”. January 23, 2001. Gregory P. Holder, Judge. Counsel: Timothy A. Patrick, Tampa, for Appellant. Tracy Raffles Gunn, Fowler, White, Gillen, Boggs, Villareal and Banker, Tampa, for Appellee.
ORDER REVERSING AND REMANDING TO LOWER COURT
THIS MATTER is before the Court on appeal by HEALTH CARE FINANCIAL SERVICES INC. of a county court decision determining NATIONWIDE MUTUAL INSURANCE CO. (“NATIONWIDE”) the prevailing party entitled to attorney fees pursuant to Florida Statutes, §627.736(5) and finding that an oral settlement agreement was reached with respect to those fees. On February 3, 2000, the Florida Supreme Court in Nationwide v. Pinnacle, 753 So. 2d 55 (Fla. 2000), held that §627.736(5) is unconstitutional as to prevailing party attorney fees to an insurer. Therefore, NATIONWIDE is not entitled to attorney fees as a prevailing party under that statute. The Court also finds insufficient record evidence to support a finding of an oral settlement agreement and reverses on that issue. Accordingly, it is
ORDERED AND ADJUDGED that the lower court order finding that NATIONWIDE is entitled to prevailing party attorney fees and that an oral settlement agreement was reached is REVERSED and the matter REMANDED for final judgment in accordance with this order.
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