Volume 19

19 Fla. L. Weekly Supp. 806a

Online Reference: FLWSUPP 1910MORIInsurance — Personal injury protection — Attorney’s fees — Appellate — Award of partial appellate fees to insured is conditioned on trial court determining that insured is prevailing party in underlying case — Appellate court reverses its conclusion that, due to absence of order awarding fees from appellate record, it did not have jurisdiction to review trial court’s fee award in insured’s favor upon reversing underlying judgment where court has jurisdiction to address issue due to consolidation of cases for appeal

19 Fla. L. Weekly Supp. 354a

Online Reference: FLWSUPP 1905MCWAInsurance — Personal injury protection — Attorney’s fees — Appeals — Law of the case — Exceptions — In view of intervening decision by higher court holding that PIP statute does not authorize private cause of action for failure to send explanation of benefits and that it is error to award fees for non-existent EOB count, strict adherence to law of the case, which had established that provider who prevailed on claim that insurer breached contract for failing to provide EOB, would result in manifest injustice, precluding appellate review on issue of entitlement to attorney’s fees and costs — Accordingly, court’s second order awarding attorney’s fees to provider is reversed

19 Fla. L. Weekly Supp. 397a

Online Reference: FLWSUPP 1905RAMGInsurance — Personal injury protection — Attorney’s fees — Amount — Reasonable hourly rate and hours reasonably expended determined — Costs, expert witness fees and prejudgment interest awarded

19 Fla. L. Weekly Supp. 392a

Online Reference: FLWSUPP 1905SRBULandlord-tenant — Eviction — Notice — Failure to issue three-day notice — Dismissal without leave to amend

19 Fla. L. Weekly Supp. 378a

Online Reference: FLWSUPP 1905MAURInsurance — Personal injury protection — Attorney’s fees — Amount — Expert witness fees, costs and prejudgment interest awarded

19 Fla. L. Weekly Supp. 1027b

Online Reference: FLWSUPP 1912WALTInsurance — Attorney’s fees — Amount

19 Fla. L. Weekly Supp. 1023a

Online Reference: FLWSUPP 1912WALKInsurance — Attorney’s fees — Amount

19 Fla. L. Weekly Supp. 359a

Online Reference: FLWSUPP 1905DENIInsurance — Personal injury protection — Declaratory judgments — Coverage — Default final judgment is entered finding that insurer has no duty to afford PIP, bodily injury liability or property damage coverage to insured or third party claimants and no duty to provide insured with defense to any litigation or claims relating to three accidents where insured materially breached policy by failing to cooperate with insurer during its investigation of accidents

19 Fla. L. Weekly Supp. 46a

Online Reference: FLWSUPP 1901EVANInsurance — Personal injury protection — Standing — Where assignment of PIP benefits at inception of case was to treating physician as individual, not to plaintiff that is corporate entity, plaintiff lacked standing to bring suit — Lack of standing could not be cured by plaintiff registering physician’s name as fictitious name after suit was filed

19 Fla. L. Weekly Supp. 190a

Online Reference: FLWSUPP 1903CHRIInsurance — Personal injury protection — Standing — Assignment — Where insured assigned benefits to medical providers, insured had no standing to bring suit against insurer for providers’ bills — Insured who lacked standing when complaint was filed did not later obtain standing when providers revoked assignments and reassigned benefits to insured