9 Fla. L. Weekly Supp. 137a
Insurance — Dispute between medical provider and insurer — Summary judgment entered for insurer where insured paid total outstanding balance alleged in suit to plaintiff medical provider prior to filing of suit — Attorney’s fees — Justiciable issues — Attorney’s fees awarded to insurer where it should have been readily apparent from a review of file that plaintiff medical provider had been paid in full before suit was filed
JOSEPH CICCARELLO, D.C., P.A. (As Assignee of Vonda Larson), Plaintiff, vs. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant. County Court, 13th Judicial Circuit in and for Hillsborough County, Civil Division “K.” Case No. 98-3919-SC. December 27, 2001. Eric Myers, Judge. Counsel: William Rocker. Steven D. Manno, Barnett & Associates, P.A., Tampa, for Defendant.
ORDER GRANTING DEFENDANT FINAL SUMMARY JUDGMENT
THIS CAUSE having come on to be heard on November 26, 2001, on the Defendant’s Motion for Summary Judgment, and the Court being fully advised in the premises, it is
ORDERED AND ADJUDGED THAT:
1. Defendant’s Motion for Summary Judgment is GRANTED. This Court finds that Dr. Ciccarello has suffered no damages in this lawsuit based upon the fact that the insured, Vonda Larson, paid the total outstanding balance alleged in the lawsuit to Dr. Ciccarello prior to the lawsuit being filed with this Court. There are no damages due or owed to this Plaintiff.
IT IS FURTHER ORDERED AND ADJUDGED THAT:
2. Defendant’s Motion for Florida Statute § 57.105 attorney’s fees and costs is GRANTED. The Court finds that the record evidence reveals that the insured, Ms. Larson, made full payment of the amount alleged to be at issue in the Plaintiff’s lawsuit in 1996. This Court finds that it should have been readily apparent from a review of the file that the Plaintiff had been paid in full before this lawsuit was filed. The Court hereby adopts its specific findings and reasoning as stated at the hearing and memorialized in the transcript of the hearing which supports the granting of Defendant’s Motion for Florida Statute § 57.105 attorney fees.
3. The Court retains jurisdiction to set the amount of Defendant’s fees and costs.
WHEREUPON, it is hereby ordered and adjudged that final summary judgment is hereby entered in favor of the Defendant. The Court hereby retains jurisdiction to determine the amount of the Defendant’s fees and costs pursuant to Florida Statute § 57.105 and Defendant pursuant to Defendant’s Proposal for Settlement under § 768.79. The Plaintiff shall go hence without day.
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