9 Fla. L. Weekly Supp. 616a
Insurance — Automobile — Attorney’s fees — Insurer’s proposal for settlement directed to pending attorney’s fees claim is not proper basis for award of attorney’s fees or costs in declaratory judgment action — Declaratory judgment action is not civil action for damages, and issues regarding attorney’s fees and costs are collateral to dispute therein — Proposal for settlement stricken
CAROL BASSETTE, Plaintiff, vs. ALICE RILEY MILES; WILLIAM JASEP MILES; and THE STANDARD FIRE INSURANCE COMPANY, Defendants. Circuit Court, 13th Judicial Circuit in and for Hillsborough County. Case No. 99-01423, Division G. CAROL BASSETTE, Plaintiff, vs. THE STANDARD FIRE INSURANCE COMPANY, Defendant. Case No. 99-5464, Division G. Consolidated. July 2, 2002. James M. Barton, II, Judge. Counsel: George A. Vaka, Vaka, Larson & Johnson, P.L. Tampa, and Whitney L. Schmidt, Tampa, for Plaintiff. Kelly K. Gray. David R. Reed.
ORDER GRANTING PLAINTIFF’S MOTION TO STRIKEDEFENDANT STANDARD FIRE INSURANCE COMPANY’S PROPOSALFOR SETTLEMENT IN DECLARATORY JUDGMENT ACTION
This cause having come before the Court upon plaintiff’s Motion to Strike Defendant Standard Fire Insurance Company’s Proposal for Settlement in Declaratory Judgment Action for hearing on June 21, 2002 and the Court having heard from counsel for the parties and having reviewed the record herein, the Court finds the following facts relevant:
1. On or about July 9, 1999, plaintiff commenced the instant declaratory judgment action pursuant to the provisions of Chapter 86, Florida Statutes and sought therein a declaration of the parties’ rights under the applicable Florida automobile insurance policies. In her single-count Complaint, plaintiff sought a construction of or interpretation of her rights under the insurance policies and did not seek a potential award of any monetary damages.
2. Pursuant to the rulings of the Second District Court of Appeal in the instant case, Bassette v. Standard Fire Insurance Company, 803 So.2d 744 (Fla. 2nd DCA 2001), plaintiff was held to be entitled to recover her attorneys’ fees in the instant deciaratory judgment action, Case No. 99-5464, including appellate attorneys’ fees, with the amount of said fees to be determined by the Circuit Court.
3. On or about June 6, 2002, defendant Standard Fire Insurance Company served a Proposal for Settlement pursuant to Section 768.79, Florida Statutes and Fla. R. Civ. P. 1.442 in the declaratory judgment directed to plaintiff’s pending claims for attorneys’ fees and costs pursuant to the rulings of the Second District Court of Appeal.
4. Plaintiff’s declaratory judgment action is not a civil action for damages within the meaning of Section 768.79, Florida Statutes and issues regarding attorneys’ fees and costs are collateral to the dispute therein.
5. Standard Fire’s Proposal for Settlement is not a proper basis for any award of attorneys’ fees or costs in the instant declaratory judgment action.
Accordingly, it is hereby ORDERED and ADJUDGED that Standard Fire’s Proposal for Settlement, as served on or about June 6, 2002, be and the same hereby is STRICKEN and rendered null and void in all respects.
IT IS SO ORDERED.
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