Volume 13

13 Fla. L. Weekly Supp. 167a

Attorney’s fees — Insurance — Personal injury protection — Justiciable issues — Where insurer stated in response to demand letter that bills had not been paid due to insured’s failure to attend independent medical examinations and examination under oath, and medical provider failed to file notice of voluntary dismissal until one year after filing claim and service of motion for section 57.105 attorney’s fees, insurer is entitled to fee award

13 Fla. L. Weekly Supp. 715b

Attorney’s fees — Insurance — Personal injury protection — Justiciable issues — Where reasonable presuit investigation would have revealed that benefits had never been assigned to medical provider, and suit would have never been filed, insurer is entitled to attorney’s fees and costs

13 Fla. L. Weekly Supp. 491c

Attorney’s fees — Insurance — Personal injury protection — Justiciable issues — Where plaintiff chiropractor did not have standing to recover for bills submitted by clinic of which plaintiff is sole director, and plaintiff did not suffer any damages since, although insurer did not pay for treatment billed by clinic, it did pay all bills submitted by plaintiff under individually owned fictitious name, there was complete absence of justiciable issue of fact or law and insurer is entitled to award of attorney’s fees — Where law firm representing plaintiff knew that plaintiff and clinic maintained separate patient files and submitted separate claims for treatment of insured, insurer outlined all problems with case in motion for attorney’s fees yet law firm ignored allegations of motion and proceeded at own peril, and simple inquiry should have alerted law firm that incorrect plaintiff was named in suit and that clinic did not have assignment of benefits, law firm did not act in good faith on representations of client and is liable for half of fee award

13 Fla. L. Weekly Supp. 400a

Attorney’s fees — Insurance — Personal injury protection — Justiciable issues — Motion for rehearing — Order awarding attorney’s fees to insurer pursuant to section 57.105 is vacated 

13 Fla. L. Weekly Supp. 175b

NOT FINAL VERSION OF OPINION
Subsequent Changes at 13 Fla. L. Weekly D400a

Attorney’s fees — Justiciable issues — Insurance — Personal injury protection

13 Fla. L. Weekly Supp. 829d

Attorney’s fees — Insurance — Personal injury protection — Justiciable issues — Rule 1.525 requirement that motion for attorney’s fees be filed within 30 days of service of notice of voluntary dismissal is not applicable to motion for sanctions pursuant to section 57.105 — Where medical provider and counsel should have known that PIP action was not supported by material facts necessary to establish claim since no sums were due provider at time suit was filed and insurer had complied with all provisions of PIP statute prior to filing of suit, case was devoid of merit inasmuch as provider was not entity that demanded payment and copy of PIP log prior to initiation of suit, and provider failed to dismiss suit within 21 days of service of notice of intent to seek sanctions, attorney’s fees are awarded to insurer

13 Fla. L. Weekly Supp. 400c

Attorney’s fees — Insurance — Personal injury protection — Justiciable issues — Where attorney for medical provider engaged in bad faith handling of suit, provider’s attorney will bear all liability for insurer’s attorney’s fees and costs, except that provider will pay attorney’s fees for one hour of each of two depositions, one hour of mediation, deposition costs and half of expert witness fee

13 Fla. L. Weekly Supp. 682a

Attorney’s fees — Insurance — Personal injury protection — Justiciable issues — Voluntary dismissal — Abuse of discretion to deny insurer’s motion for section 57.105 attorney’s fees where medical provider did not have written assignment of benefits and was claiming payment for treatment when it was not lawfully treating insured because it was not registered with Department of Health; and where provider did not dismiss case until after expiration of safe harbor period, although both issues were pointed out in insurer’s answer and motion for attorney’s fees — There need not be determination on merits in order for insurer to pursue section 57.105 fees, and motion for such fees is cognizable where voluntary dismissal has been taken — On remand, trial court is also directed to hold evidentiary hearing on whether provider’s attorney acted in good faith based on representations of provider as to existence of material facts

13 Fla. L. Weekly Supp. 690b

Attorney’s fees — Insurance — Personal injury protection — Hearing — Medical provider was denied right to hearing on issues of entitlement to and amount of attorney’s fees where counsel for provider was absent from hearing due to illness, and court proceeded with hearing based on insurer’s representation that counsel had not filed notice of appearance and that provider was appearing pro se — Even if provider was appearing pro se, court should have granted leniency on technicality of notice of appearance — Nunc pro tunc order — Error to enter nunc pro tunc order that did not merely correct clerical error or omission, but modified substance of prior ruling by making additional findings not in original order — Modifications should not be given retroactive effect — Prevailing party — Second voluntary dismissal — Provider’s second voluntary dismissal operates as adjudication on merits establishing insurer’s prima facie entitlement to attorney’s fees, but trial court must determine whether offer of judgment was made in good faith or disallowance is warranted and whether time spent by attorneys was appropriate and compensable

13 Fla. L. Weekly Supp. 400b

Attorney’s fees — Insurance — Personal injury protection — Mediation — Parties are ordered to private mediation prior to attorney’s fee hearing — Discovery — Depositions — Medical provider’s attorney and legal assistant, but not provider, shall sit for deposition prior to mediation