Volume 28

28 Fla. L. Weekly Supp. 292b

Online Reference: FLWSUPP 2804DENNAttorney’s fees —

Insurance — Prevailing party — Where action against insurer for prejudgment interest resulted in order granting insurer’s motion for summary judgment but awarding prejudgment interest to plaintiff, trial court erred in denying plaintiff’s motion for award of attorney’s fees under section 627.428(1)

28 Fla. L. Weekly Supp. 417a

Online Reference: FLWSUPP 2805PANA

Insurance — Personal injury protection — Attorney’s fees — Proposal for settlement — Nominal offer — Insurer that alleged that insured had willfully failed to attend examination under oath, and obtained judgment in its favor on that ground, had reasonable basis to conclude that it had limited risk — Nominal offer was made in good faith

28 Fla. L. Weekly Supp. 371a

Online Reference: FLWSUPP 2805ISLA

Attorney’s fees — Prevailing party — Unpaid wages — Appeals — Absence of transcript or record — Affirmance of lower court ruling — Fact that trial court found that plaintiff who sued for unpaid wages was not employee of defendant does not preclude award of attorney’s fees in prevailing defendant’s favor under section 448.08 — Proposal for settlement — No merit to arguments that nominal offer of settlement was made in bad faith and was ambiguous — Trial court’s determination as to amount of attorney’s fees cannot be disturbed in absence of transcript of hearing on issue

28 Fla. L. Weekly Supp. 542a

Online Reference: FLWSUPP 2806CLAV

Insurance — Personal injury protection — Attorney’s fees — Confession of judgment — Where insurer brought action for declaratory relief against insured and her medical providers seeking determination that it had no obligations under policy and ratifying its decision to rescind policy, and insurer voluntarily dismissed actions against providers after it obtained default judgment against insured, providers are not entitled to attorney’s fees under section 627.428 — Neither providers nor insured obtained any judgment or decree against insurer entitling them to recover fees under section 627.428 — Voluntary dismissal from which providers did not receive any benefit is not functional equivalent of confession of judgment

28 Fla. L. Weekly Supp. 321a

Online Reference: FLWSUPP 2804DODD

Attorney’s fees — Insurance — Personal injury protection — Claim or defense not supported by material facts or applicable law — Where benefits had been paid in full before medical provider filed suit for additional benefits, insurer is entitled to attorney’s fees and costs — Insurer who timely and properly filed motion for section 57.105 sanctions was not required to file second motion regarding entitlement to attorney’s fees pursuant to rule 1.525

28 Fla. L. Weekly Supp. 71a

NOT FINAL VERSION OF OPINION
Subsequent Changes at FLWSUPP 2804DAVI

Online Reference: FLWSUPP 2801DODD

NOT FINAL VERSION OF OPINION
Subsequent Changes at 28 Fla. L. Weekly Supp. 321aAttorney’s fees — Insurance — Personal injury protection — Claim or defense not supported by material facts or applicable law — Where benefits had been paid in full before medical provider filed suit for additional benefits, insurer is entitled to attorney’s fees and costs — Insurer who timely and properly filed motion for section 57.105 sanctions was not required to file second motion regarding entitlement to attorney’s fees pursuant to rule 1.525

28 Fla. L. Weekly Supp. 27b

Online Reference: FLWSUPP 2801WILL

Attorney’s fees — Insurance — Personal injury protection — Discovery — Appeals — Certiorari — Medical provider has not satisfied jurisdictional prerequisite for certiorari relief from order compelling production of unredacted portion of employment agreement between attorney and provider’s parent company where it was within trial court’s discretion to determine that agreement was relevant, and disclosure of limited information is insufficient to establish irreparable harm — Further, certiorari relief cannot be granted based on order to disclose privileged document where provider did not assert attorney-client privilege below

28 Fla. L. Weekly Supp. 194b

Online Reference: FLWSUPP 2803FELD

Insurance — Personal injury protection — Attorney’s fees — Appeal of trial court’s determination that predecessor attorney was not entitled to attorney’s fee and costs for representation of insured in PIP action after successor attorney filed voluntary notice of dismissal providing that each party would bear own attorney’s fees and costs — Where uncontroverted evidence shows that predecessor attorney was involuntarily discharged and his lien for fees and costs was timely filed and perfected, thus surviving notice of voluntary withdrawal and lack of occurrence of contingency specified in retainer agreement, order denying entitlement to fees and costs is reversed

28 Fla. L. Weekly Supp. 143a

Online Reference: FLWSUPP 2802GUZM

Insurance — Personal injury protection — Attorney’s fees — Prevailing insured — Award of fees and costs — Contingency fee multiplier is appropriate in case involving benefits-exhausted defense in Tampa Bay area — Contingency risk multiplier of 2.0 applied — Discussion of Quanstrom factors

28 Fla. L. Weekly Supp. 98a

Online Reference: FLWSUPP 2802AGUZ

Insurance — Personal injury protection — Attorney’s fees — Trial court’s application of contingency fee multiplier of 2.0 was supported by competent substantial evidence — Appellate fees awarded pursuant to section 57.105