Preview
Filing # 45095751 E-Filed 08/11/2016 11:09:53 AM
IN THE COUNTY COURT OF THE SIXTH
JUDICIAL CIRCUIT IN AND FOR
PINELLAS COUNTY, FLORIDA SMALL
CLAIMS
CASE NO.: 15-011058-SC (South)
TOWER IMAGING, INC., AS
ASSIGNEE OF LAWRENCE POLLIN,
Plaintiff,
v.
AUTO-OWNERS INSURANCE
COMPANY,
Defendant.
/
DEFENDANT’S MOTION FOR ATTORNEYS’ FEES AND COSTS
COMES NOW, the Defendant, AUTO-OWNERS INSURANCE
COMPANY, by and through the undersigned counsel, hereby files this, its Motion for
Attorney's Fees and Costs pursuant to the Defendant's Proposal for Settlement, Rule
1.442, Florida Rules of Civil Procedure and/or § 768.79, Florida Statutes, and as
grounds would state the following:
1. On April 29, 2016, the Defendants filed a Proposal for Settlement, to
Plaintiff offering to settle the case for $100.00. Attached hereto as Exhibit A is a copy of
said Proposal for Settlement to Plaintiff.
2. Based upon the April 29, 2016, Proposal for Settlement, Defendant is
entitled to recover attorney fees and costs reasonably and necessarily spent to process
this case.
Page 1
COLE, SCOTT & KISSANE, P.A.
4301 WEST BOY SCOUT BOULEVARD - SUITE 400 - TAMPA, FLORIDA 33607 - (813) 289-9300 - (813) 286-2900 FAX
***ELECTRONICALLY FILED 08/11/2016 11:09:53 AM: KEN BURKE, CLERK OF THE CIRCUIT COURT. PINELLAS COUNTY***CASE NO.: 15-011058-SC (South)
3. Defendant's obtained a Final Summary Judgment on July 19, 2016.
4. A Final Judgment and Order were entered by this Honorable Court on July
28, 2016.
5. Pursuant to § 57.041 and § 57.071, Florida Statutes, the Defendants are
entitled to recover their taxable costs from the date of inception of the lawsuit.
6. Based upon the final Judgment entered in this matter and Plaintiffs
taxable costs with pre-judgment interest, the Defendant’s net Final Judgment is at least
25% less than each of Defendants’ Proposals for Settlement, the Defendants are
entitled to recover reasonable costs and attorneys’ fees incurred from the date of filing
of the Proposal for Settlement.
WHEREFORE, the Defendants, respectfully requests that this Honorable Court
grant their Motion for Attorneys’ Fees and Costs and enter a Judgment accordingly.
Page 2
COLE, SCOTT & KISSANE, P.A.
4301 WEST BOY SCOUT BOULEVARD - SUITE 400 - TAMPA, FLORIDA 33607 - (813) 289-9300 - (813) 286-2900 FAXCASE NO.: 15-011058-SC (South)
CERTIFICATE OF SERVICE
| HEREBY CERTIFY that on this 11th day of August, 2016, a true and correct
copy of the foregoing was filed with the Clerk of Pinellas County by using the Florida
Courts e-Filing Portal, which will send an automatic e-mail message to the following
parties registered with the e-Filing Portal system: C. Spencer Petty, Esq., Irvin & Petty,
P.A., therese@irvinandpetty.com, 111 2nd Avenue Northeast, Suite 630, St Petersburg,
FL 33701, (727) 350-7770/(727) 350-7771 (F), Attorney for Plaintiff, Tower Imaging,
Inc..
0487.0712-00/3476715
By:
COLE, SCOTT & KISSANE, P.A.
Counsel for Defendant AUTO-OWNERS
INSURANCE COMPANY
4301 West Boy Scout Boulevard
Suite 400
Tampa, Florida 33607
Telephone (813) 864-9335
Facsimile (813) 286-2900
Primary e-mail: edwin.valen@csklegal.com
Secondary e-mail: amy.recla@csklegal.com
Alternate e-mail: marilyn.mahfouz@csklegal.com
s/ Amy K. Recla
EDWIN V. VALEN
Florida Bar No.: 20331
AMY K. RECLA
Florida Bar No.: 102811
Page 3
COLE, SCOTT & KISSANE, P.A.
4301 WEST BOY SCOUT BOULEVARD - SUITE 400 - TAMPA, FLORIDA 33607 - (813) 289-9300 - (813) 286-2900 FAXIN THE COUNTY COURT OF THE SIXTH
JUDICIAL CIRCUIT IN AND FOR
PINELLAS COUNTY, FLORIDA SMALL
CLAIMS
CASE NO.: 15-011058-SC (South)
TOWER IMAGING, INC., AS ASSIGNEE
OF LAWRENCE POLLIN,
Plaintiff,
v.
AUTO-OWNERS INSURANCE
COMPANY,
Defendant.
/
DEFENDANT’S PROPOSAL FOR SETTLEMENT TO PLAINTIFF
Defendant, AUTO-OWNERS INSURANCE COMPANY, by and through their
undersigned counsel, hereby propose to settle this litigation with the Plaintiff, TOWER
IMAGING, INC., AS ASSIGNEE OF LAWRENCE POLLIN, pursuant to section 768.79
of the Florida Statutes and pursuant to Rule 1.442, Florida Rules of Civil Procedure.
1. This proposal has not been served earlier than ninety (90) days after this
action was commenced.
2. This proposal has not been served later than forty-five (45) days before
the date set for trial or the first day of the docket on which this case is set for trial,
whichever is earlier.
3. In accordance with Rule 1.442 of the Florida Rules of Civil Procedure, this
proposal is in writing and identifies the applicable Florida law under which it is being
made.
4. This proposal includes the following information in compliance with Rule
1.442 of the Florida Rules of Civil Procedure:
COLE, SCOTT & KISSANE, P.A.
4301 WEST BOY SCOUT BOULEVARD - SUITE 400 - TAMPA, FLORIDA 33607 - (813) 289-9300 - (813) 286-2900 FAXCASE NO.: 15-011058-SC (South)
(a) This proposal is intended to resolve all damages of the Plaintiff,
TOWER IMAGING, INC., AS ASSIGNEE OF LAWRENCE POLLIN, pending in
this lawsuit against the Defendant, AUTO-OWNERS.
(b) | There are no conditions attached to this proposal other than:
(i) those applicable under the provisions of section 768.79 of
the Florida Statutes and Rule 1.442 of the Florida Rules of
Civil Procedure, and
(ii) Plaintiff voluntarily dismissing the case with prejudice as to
AUTO-OWNERS.
(c) The total amount of this proposal is payment by AUTO-OWNERS
to Plaintiff in the amount of ONE HUNDRED DOLLARS and 00/100 ($100.00)
representing any and all Personal Injury Protection benefits which are the subject matter
of this litigation (inclusive of pre-judgment interest) and representing attorney fees and
costs of litigation. This proposal is not intended to release any claims for services, care,
treatment or medical goods which are not part of this pending lawsuit. There are no
non-monetary terms other than those stated in sub-paragraph "(b)" above.
(d) This proposal shall not be made known to the trier of fact, except as
allowed under section 768.79 of the Florida Statutes or Rule 1.442, Florida Rules of
Civil Procedure.
(e) This proposal is not an admission of liability or damages
whatsoever by AUTO-OWNERS.
(f) Attorney fees are alleged to be part of the Plaintiff's damages and
this proposal includes settlement of all attorney fees on the terms set forth above.
(g) There is no claim pending for punitive damages in this litigation so
no portion of the proposed settlement funds have been allocated towards payment of
punitive damages.
COLE, SCOTT & KISSANE, P.A.
4301 WEST BOY SCOUT BOULEVARD - SUITE 400 - TAMPA, FLORIDA 33607 - (813) 289-9300 - (813) 286-2900 FAXCASE NO.: 15-011058-SC (South)
(h) This Proposal resolves all damages that would otherwise be
awarded in a final judgment in the action in which this Proposal is served, and all claims
for damages that are or could have been asserted by Plaintiff against Defendant,
subject to subdivision (F) of Rule 1.442(c)(2).
5. This Proposal for Settlement shall remain open for a period of thirty (30)
days or until withdrawn in writing, whichever occurs first.
6. This Proposal for Settlement shall be deemed rejected unless delivery of a
written Notice of Acceptance is received within thirty (30) days after service of the
Offer/Proposal. The provisions of Fla. R. Civ. P. 1.090(e) do not apply.
7. Failure of Plaintiff to accept this Proposal may result in appropriate
sanctions being imposed by the Court upon Plaintiff, including costs, expenses, and
reasonable attorneys' fees as provided for by § 768.79, Florida Statutes and
Fla.R.Civ.P. 1.442 if the judgment obtained by Plaintiffs is at least 25% less than the
amount of the offer.
COLE, SCOTT & KISSANE, P.A.
4301 WEST BOY SCOUT BOULEVARD - SUITE 400 - TAMPA, FLORIDA 33607 - (813) 289-9300 - (813) 286-2900 FAX
Preview
Filing # 45095751 E-Filed 08/11/2016 11:09:53 AM IN THE COUNTY COURT OF THE SIXTH JUDICIAL CIRCUIT IN AND FOR PINELLAS COUNTY, FLORIDA SMALL CLAIMS CASE NO.: 15-011058-SC (South) TOWER IMAGING, INC., AS ASSIGNEE OF LAWRENCE POLLIN, Plaintiff, v. AUTO-OWNERS INSURANCE COMPANY, Defendant. / DEFENDANT’S MOTION FOR ATTORNEYS’ FEES AND COSTS COMES NOW, the Defendant, AUTO-OWNERS INSURANCE COMPANY, by and through the undersigned counsel, hereby files this, its Motion for Attorney's Fees and Costs pursuant to the Defendant's Proposal for Settlement, Rule 1.442, Florida Rules of Civil Procedure and/or § 768.79, Florida Statutes, and as grounds would state the following: 1. On April 29, 2016, the Defendants filed a Proposal for Settlement, to Plaintiff offering to settle the case for $100.00. Attached hereto as Exhibit A is a copy of said Proposal for Settlement to Plaintiff. 2. Based upon the April 29, 2016, Proposal for Settlement, Defendant is entitled to recover attorney fees and costs reasonably and necessarily spent to process this case. Page 1 COLE, SCOTT & KISSANE, P.A. 4301 WEST BOY SCOUT BOULEVARD - SUITE 400 - TAMPA, FLORIDA 33607 - (813) 289-9300 - (813) 286-2900 FAX ***ELECTRONICALLY FILED 08/11/2016 11:09:53 AM: KEN BURKE, CLERK OF THE CIRCUIT COURT. PINELLAS COUNTY***CASE NO.: 15-011058-SC (South) 3. Defendant's obtained a Final Summary Judgment on July 19, 2016. 4. A Final Judgment and Order were entered by this Honorable Court on July 28, 2016. 5. Pursuant to § 57.041 and § 57.071, Florida Statutes, the Defendants are entitled to recover their taxable costs from the date of inception of the lawsuit. 6. Based upon the final Judgment entered in this matter and Plaintiffs taxable costs with pre-judgment interest, the Defendant’s net Final Judgment is at least 25% less than each of Defendants’ Proposals for Settlement, the Defendants are entitled to recover reasonable costs and attorneys’ fees incurred from the date of filing of the Proposal for Settlement. WHEREFORE, the Defendants, respectfully requests that this Honorable Court grant their Motion for Attorneys’ Fees and Costs and enter a Judgment accordingly. Page 2 COLE, SCOTT & KISSANE, P.A. 4301 WEST BOY SCOUT BOULEVARD - SUITE 400 - TAMPA, FLORIDA 33607 - (813) 289-9300 - (813) 286-2900 FAXCASE NO.: 15-011058-SC (South) CERTIFICATE OF SERVICE | HEREBY CERTIFY that on this 11th day of August, 2016, a true and correct copy of the foregoing was filed with the Clerk of Pinellas County by using the Florida Courts e-Filing Portal, which will send an automatic e-mail message to the following parties registered with the e-Filing Portal system: C. Spencer Petty, Esq., Irvin & Petty, P.A., therese@irvinandpetty.com, 111 2nd Avenue Northeast, Suite 630, St Petersburg, FL 33701, (727) 350-7770/(727) 350-7771 (F), Attorney for Plaintiff, Tower Imaging, Inc.. 0487.0712-00/3476715 By: COLE, SCOTT & KISSANE, P.A. Counsel for Defendant AUTO-OWNERS INSURANCE COMPANY 4301 West Boy Scout Boulevard Suite 400 Tampa, Florida 33607 Telephone (813) 864-9335 Facsimile (813) 286-2900 Primary e-mail: edwin.valen@csklegal.com Secondary e-mail: amy.recla@csklegal.com Alternate e-mail: marilyn.mahfouz@csklegal.com s/ Amy K. Recla EDWIN V. VALEN Florida Bar No.: 20331 AMY K. RECLA Florida Bar No.: 102811 Page 3 COLE, SCOTT & KISSANE, P.A. 4301 WEST BOY SCOUT BOULEVARD - SUITE 400 - TAMPA, FLORIDA 33607 - (813) 289-9300 - (813) 286-2900 FAXIN THE COUNTY COURT OF THE SIXTH JUDICIAL CIRCUIT IN AND FOR PINELLAS COUNTY, FLORIDA SMALL CLAIMS CASE NO.: 15-011058-SC (South) TOWER IMAGING, INC., AS ASSIGNEE OF LAWRENCE POLLIN, Plaintiff, v. AUTO-OWNERS INSURANCE COMPANY, Defendant. / DEFENDANT’S PROPOSAL FOR SETTLEMENT TO PLAINTIFF Defendant, AUTO-OWNERS INSURANCE COMPANY, by and through their undersigned counsel, hereby propose to settle this litigation with the Plaintiff, TOWER IMAGING, INC., AS ASSIGNEE OF LAWRENCE POLLIN, pursuant to section 768.79 of the Florida Statutes and pursuant to Rule 1.442, Florida Rules of Civil Procedure. 1. This proposal has not been served earlier than ninety (90) days after this action was commenced. 2. This proposal has not been served later than forty-five (45) days before the date set for trial or the first day of the docket on which this case is set for trial, whichever is earlier. 3. In accordance with Rule 1.442 of the Florida Rules of Civil Procedure, this proposal is in writing and identifies the applicable Florida law under which it is being made. 4. This proposal includes the following information in compliance with Rule 1.442 of the Florida Rules of Civil Procedure: COLE, SCOTT & KISSANE, P.A. 4301 WEST BOY SCOUT BOULEVARD - SUITE 400 - TAMPA, FLORIDA 33607 - (813) 289-9300 - (813) 286-2900 FAXCASE NO.: 15-011058-SC (South) (a) This proposal is intended to resolve all damages of the Plaintiff, TOWER IMAGING, INC., AS ASSIGNEE OF LAWRENCE POLLIN, pending in this lawsuit against the Defendant, AUTO-OWNERS. (b) | There are no conditions attached to this proposal other than: (i) those applicable under the provisions of section 768.79 of the Florida Statutes and Rule 1.442 of the Florida Rules of Civil Procedure, and (ii) Plaintiff voluntarily dismissing the case with prejudice as to AUTO-OWNERS. (c) The total amount of this proposal is payment by AUTO-OWNERS to Plaintiff in the amount of ONE HUNDRED DOLLARS and 00/100 ($100.00) representing any and all Personal Injury Protection benefits which are the subject matter of this litigation (inclusive of pre-judgment interest) and representing attorney fees and costs of litigation. This proposal is not intended to release any claims for services, care, treatment or medical goods which are not part of this pending lawsuit. There are no non-monetary terms other than those stated in sub-paragraph "(b)" above. (d) This proposal shall not be made known to the trier of fact, except as allowed under section 768.79 of the Florida Statutes or Rule 1.442, Florida Rules of Civil Procedure. (e) This proposal is not an admission of liability or damages whatsoever by AUTO-OWNERS. (f) Attorney fees are alleged to be part of the Plaintiff's damages and this proposal includes settlement of all attorney fees on the terms set forth above. (g) There is no claim pending for punitive damages in this litigation so no portion of the proposed settlement funds have been allocated towards payment of punitive damages. COLE, SCOTT & KISSANE, P.A. 4301 WEST BOY SCOUT BOULEVARD - SUITE 400 - TAMPA, FLORIDA 33607 - (813) 289-9300 - (813) 286-2900 FAXCASE NO.: 15-011058-SC (South) (h) This Proposal resolves all damages that would otherwise be awarded in a final judgment in the action in which this Proposal is served, and all claims for damages that are or could have been asserted by Plaintiff against Defendant, subject to subdivision (F) of Rule 1.442(c)(2). 5. This Proposal for Settlement shall remain open for a period of thirty (30) days or until withdrawn in writing, whichever occurs first. 6. This Proposal for Settlement shall be deemed rejected unless delivery of a written Notice of Acceptance is received within thirty (30) days after service of the Offer/Proposal. The provisions of Fla. R. Civ. P. 1.090(e) do not apply. 7. Failure of Plaintiff to accept this Proposal may result in appropriate sanctions being imposed by the Court upon Plaintiff, including costs, expenses, and reasonable attorneys' fees as provided for by § 768.79, Florida Statutes and Fla.R.Civ.P. 1.442 if the judgment obtained by Plaintiffs is at least 25% less than the amount of the offer. COLE, SCOTT & KISSANE, P.A. 4301 WEST BOY SCOUT BOULEVARD - SUITE 400 - TAMPA, FLORIDA 33607 - (813) 289-9300 - (813) 286-2900 FAX