Volume 10

10 Fla. L. Weekly Supp. 733b

Attorney’s fees — Justiciable issues — Where statement of claim filed by plaintiff was facially deficient to state cause of action, defendant is entitled to award of attorney’s fees notwithstanding plaintiff’s voluntary dismissal

10 Fla. L. Weekly Supp. 643b

Attorney’s fees — Justiciable issues — Insurance — Personal injury protection — Insurer awarded attorney’s fees pursuant to sections 768.79 and 57.105 in action brought by provider for failure to pay PIP benefits and/or failure to make payments within thirty days based on finding that reasonable presuit investigation would have revealed that all benefits due were paid and policy limits exhausted nine months prior to filing of action

10 Fla. L. Weekly Supp. 701a

Insurance — Personal injury protection — Attorney’s fees — Appellate — Justiciable issues — Appellate court has jurisdiction to entertain section 57.105 motion for attorney’s fees despite insurer’s voluntary dismissal of petitions for writ of certiorari — Where insurer had no basis to seek disqualification of co-counsel of law firm representing various plaintiffs in actions against insurer on ground that law firm had hired attorney who was formerly employed by insurer as claims litigation specialist, and insurer knew or should have known that 73 petitions for writ of certiorari contesting denials of motions for disqualification and motions to stay proceedings to allow insurer to investigate and corroborate motions for disqualification were not supported by material facts necessary to establish claim and application of law to those facts, it does not appear that petitions were filed in good faith, but rather, for purpose of delay — Attorney’s fees awarded

10 Fla. L. Weekly Supp. 926b

10 Fla. L. Weekly Supp. 926a

Attorney’s fees — Justiciable issues

10 Fla. L. Weekly Supp. 566e

Insurance — Attorney’s fees — Justiciable issues — Insurer is awarded attorney’s fees where medical provider knew or should have known as of pre-trial conference that case was not supported by facts or law since bills at issue were applied to deductible

10 Fla. L. Weekly Supp. 531c

Insurance — Personal injury protection — Standing — Assignment — Validity — Assignment of benefits to medical provider and medical provider’s assignment, in turn, to recovery specialists is not prohibited

10 Fla. L. Weekly Supp. 547e

Insurance — Attorney’s fees — Where medical provider came to fee hearing without fee expert or otherwise being prepared, motion for continuance is granted, but medical provider’s attorney is ordered to compensate insurer for cost of preparing for and appearing at hearing

10 Fla. L. Weekly Supp. 464a

Insurance — Venue — Motion for change of venue granted — Motion for assessment of fees denied — Although there was no logical reason for medical provider to file suit in Collier County, it had legal right to do so

10 Fla. L. Weekly Supp. 574a

Insurance — Personal injury protection — Attorney’s fees — Because insured’s affidavit stating that she does not recall assigning her benefits and did not intend to do so does not contradict medical provider’s assertion that insured did assign her PIP benefits to his office, trial court had competent substantial evidence to support finding that there was an assignment and that medical provider is entitled to award of attorney’s fees