Volume 25

25 Fla. L. Weekly Supp. 495a

Online Reference: FLWSUPP 2505MONAInsurance — Attorney’s fees — Offer of judgment — Award of attorney’s fees under offer of judgment statute requires either adjudication on merits or dismissal with prejudice — Voluntary dismissal without prejudice does not trigger entitlement to attorney’s fees under statute, even when statute of limitations had expired prior to entry of voluntary dismissal

25 Fla. L. Weekly Supp. 179a

Online Reference: FLWSUPP 2502PANInsurance — Personal injury protection — Attorney’s fees — Claim or defense not supported by material facts or applicable law — Timeliness of motion — Rule 1.525 requirement that motion for attorney’s fees be filed within 30 days after judgment, if applicable to motion for sanctions under section 57.105, was satisfied where motion for sanctions was filed years before entry of judgment

25 Fla. L. Weekly Supp. 665b

Online Reference: FLWSUPP 2507BUCHInsurance — Personal injury protection — Attorney’s fees — Claim or defense not supported by material facts or applicable law — Where insurer has provided no evidence that complaint in voluntarily dismissed action for PIP benefits was frivolous other than self-serving statement that benefits were correctly paid in accordance with policy endorsement and statutory fee schedules, insurer is not entitled to award of attorney’s fees under section 57.105

25 Fla. L. Weekly Supp. 487a

Online Reference: FLWSUPP 2505OBANAttorney’s fees — Insurance — Insurer is entitled to recover section 57.105 attorney’s fees from inception of case where plaintiff and plaintiff’s attorneys knew or should have known that lawsuit was not supported by material facts necessary to establish claim when initially filed, as claimant did not receive medical treatment within 14 days of accident giving rise to claim

25 Fla. L. Weekly Supp. 482b

Online Reference: FLWSUPP 2505LEIVInsurance — Personal injury protection — Attorney’s fees — Medical provider’s notice of filing voluntary dismissal, which was filed after hearing on insurer’s motion for summary judgment and after court entered final summary judgment in favor of insurer and which was never ratified by court, is legal nullity — Proposal for settlement — Where PIP policy limits were exhausted before provider filed suit, insurer’s nominal proposal for settlement was good faith offer entitling insurer to attorney’s fees and costs under offer of judgment statute — Claim or defense not supported by material facts or applicable law — Where insurer put provider on notice of binding precedent regarding exhaustion of benefits, and provider’s decision to proceed with case was not good faith attempt to modify existing law, insurer is entitled to award of attorney’s fees under section 57.105

25 Fla. L. Weekly Supp. 979c

Online Reference: FLWSUPP 2511WAGNInsurance — Personal injury protection — Demand letter — Insurer’s motion for summary judgment for failure to serve statutorily compliant demand letter is granted — Medical provider’s motion to abate and file “corrective” demand letter is denied — Insurer was not required to plead entitlement to attorney’s fees where it is seeking fees as sanction under section 57.105; insurer properly asserted claim for fees in motion

25 Fla. L. Weekly Supp. 970a

Online Reference: FLWSUPP 2511PROBInsurance — Personal injury protection — Attorney’s fees — Claim or defense not supported by material facts or applicable law — Insurer that obtained summary judgment in PIP suit due to defective demand letter that failed to take into account prior partial payments made by insurer is entitled to award of attorney’s fees under section 57.105

25 Fla. L. Weekly Supp. 139a

Online Reference: FLWSUPP 2502PANIAttorney’s fees — Justiciable issues — Claim or defense unsupported by material facts or applicable law — Insurance — Personal injury protection — Trial court’s order awarding attorney’s fees and costs in favor of insurer under section 57.105 lacked requisite findings — Provider’s motion for attorney’s fees pursuant to section 627.428 denied

25 Fla. L. Weekly Supp. 14b

Online Reference: FLWSUPP 2501PANINOT FINAL VERSION OF OPINION
Subsequent Changes at 25 Fla. L. Weekly Supp. 139aAttorney’s fees — Justiciable issues — Claim or defense unsupported by material facts or applicable law — Insurance — Personal injury protection — Trial court’s order awarding attorney’s fees and costs in favor of insurer under section 57.105 lacked requisite findings — Provider’s motion for attorney’s fees pursuant to section 627.428 denied

25 Fla. L. Weekly Supp. 182a

Online Reference: FLWSUPP 2502BONEInsurance — Attorney’s fees — Discovery — Billing records of opposing counsel — If insurer disputes reasonableness of amount of time claimed by medical provider, it must produce timesheets of its own counsel for every stage of litigation