Volume 9

9 Fla. L. Weekly Supp. 555b

Attorney’s fees — Insurance — Personal injury protection — Trial court has inherent authority to rescind order granting attorney’s fees but not awarding amount, which is interlocutory order, prior to entry of final judgment — Where insurer paid insured entire amount of PIP benefits owed prior to date insured filed complaint, insured is not entitled to attorney’s fees

9 Fla. L. Weekly Supp. 156a

Insurance — Personal injury protection — Because trial court lost jurisdiction to grant a directed verdict when it denied insured’s first motion for rehearing and lost jurisdiction to grant a new trial when it denied insured’s first motion for a new trial, all other motions for rehearing and new trial were unauthorized and all orders issued thereon invalid, and trial court did not have jurisdiction to grant directed verdict in insured’s favor — Jury verdict is reinstated and case is remanded for determination of attorney’s fees and costs to which insurer is entitled — Trial court erred as a matter of law in vacating jury verdict finding that insured’s injuries were not related to automobile accident at issue on ground that insurer did not obtain reasonable proof that insured’s treatment was unreasonable, unrelated or unnecessary within thirty days of billing — Attorney’s fees — Offer of judgment — Insurer which made offer of judgment rejected by insured is entitled to trial court attorney’s fees pursuant to section 768.79 — Appellate attorney’s fees — Insurer is entitled to appellate fees and costs pursuant to rule 9.400

9 Fla. L. Weekly Supp. 22a

Attorney’s fees — Insurance — Personal injury protection — Error to deny insured attorney’s fees where insured gave insurer sufficient notice that she would be seeking attorney’s fees by requesting fees in wherefore clause of complaint

9 Fla. L. Weekly Supp. 860a

Attorney’s fees — Insurance — Motion — Timeliness — By failing to raise objection to untimeliness of medical provider’s motion for attorney’s fees and costs before commencement and presentation of sworn testimony at fee hearing, insurer waived any objection to court’s consideration of fee award — Court’s reservation of jurisdiction to award attorney’s fees is an enlargement of time under rule 1.090(b)(2) which allows court to exercise discretion to enlarge the time requirements of rule 1.525 for filing a motion for attorney’s fees and costs to allow filing of an untimely motion for fees without the necessity of showing excusable neglect — Rule 1.525 is not jurisdictional, but nothing more than a guideline for attorneys to seek fees and costs within 30 days after the filing of judgment — In absence of showing of prejudice to insurer, motion to enlarge time for filing attorney’s fees motion up to date motion was filed is granted — Sanctions — Motion for monetary sanctions against insurer for its attorney’s failure to notify court and opposing counsel of her unavailability prior to fee hearing is granted

9 Fla. L. Weekly Supp. 591a

Insurance — Personal injury protection — Attorney’s fees — Appellate fees — Justiciable issues — Where after underlying PIP action had been stayed by agreement of the parties pending resolution of insurer’s motion to disqualify medical provider’s counsel for alleged violations of rules of professional conduct, insurer filed separate suit against medical provider’s attorney and her law firm in another circuit for temporary and permanent injunctive relief based on alleged rule violations and filed motion to stay its own motion to disqualify medical provider’s counsel in PIP suit based on suit for injunctive relief; and where insurer filed petition for writ of certiorari when motion to stay was denied, medical provider is entitled to an award of appellate attorney’s fees and costs because petition for writ of certiorari was not a correct procedural remedy for insurer, and insurer and its counsel knew or should have known that petition was not supported by the facts or by an application of then existing law

9 Fla. L. Weekly Supp. 590b

Insurance — Personal injury protection — Attorney’s fees — Appellate fees — Justiciable issues — Where after underlying PIP action had been stayed by agreement of the parties pending resolution of insurer’s motion to disqualify medical provider’s counsel for alleged violations of rules of professional conduct, insurer filed separate suit against medical provider’s attorney and her law firm in another circuit for temporary and permanent injunctive relief based on alleged rule violations and filed motion to stay its own motion to disqualify medical provider’s counsel in PIP suit based on suit for injunctive relief; and where insurer filed petition for writ of certiorari when motion to stay was denied, medical provider is entitled to an award of appellate attorney’s fees and costs because petition for writ of certiorari was not a correct procedural remedy for insurer, and insurer and its counsel knew or should have known that petition was not supported by the facts or by an application of then existing law

9 Fla. L. Weekly Supp. 590a

Insurance — Personal injury protection — Attorney’s fees — Appellate fees — Justiciable issues — Where after underlying PIP action had been stayed by agreement of the parties pending resolution of insurer’s motion to disqualify medical provider’s counsel for alleged violations of rules of professional conduct, insurer filed separate suit against medical provider’s attorney and her law firm in another circuit for temporary and permanent injunctive relief based on alleged rule violations and filed motion to stay its own motion to disqualify medical provider’s counsel in PIP suit based on suit for injunctive relief; and where insurer filed petition for writ of certiorari when motion to stay was denied, medical provider is entitled to an award of appellate attorney’s fees and costs because petition for writ of certiorari was not a correct procedural remedy for insurer, and insurer and its counsel knew or should have known that petition was not supported by the facts or by an application of then existing law

9 Fla. L. Weekly Supp. 589a

Insurance — Personal injury protection — Attorney’s fees — Appellate fees — Justiciable issues — Where after underlying PIP action had been stayed by agreement of the parties pending resolution of insurer’s motion to disqualify medical provider’s counsel for alleged violations of rules of professional conduct, insurer filed separate suit against medical provider’s attorney and her law firm in another circuit for temporary and permanent injunctive relief based on alleged rule violations and filed motion to stay its own motion to disqualify medical provider’s counsel in PIP suit based on suit for injunctive relief, and where insurer filed petition for writ of certiorari when motion to stay was denied, medical provider is entitled to an award of appellate attorney’s fees and costs because petition for writ of certiorari was not a correct procedural remedy for insurer, and insurer and its counsel knew or should have known that petition was not supported by the facts or by an application of then existing law

9 Fla. L. Weekly Supp. 133b

Insurance — Attorney’s fees — Justiciable issues — Insurer’s motion for attorney’s fees denied where insured’s settlement with insurer did not deprive plaintiff medical provider, to whom insured had executed an assignment, of a cause of action against insurer

9 Fla. L. Weekly Supp. 705a

Insurance — Personal injury protection — Motion to enforce settlement agreement where insured accepted offered settlement including condition requiring execution of a release but now objects to the language of the release — Regardless of whether release was attached to offer, reference in offer to “attached release” placed insured’s counsel on notice that it was a condition of the offer — Objected to language in release, which is not incapable of being stated with particularity, does not render release invalid — Motion to enforce settlement agreement is granted — Where insured’s counsel did not act for purposes of delaying settlement, and insured’s arguments had some merit and were done in good faith, motion for sanctions is denied