Colony Insurance Company v. Suncoast Medical Clinic, LLC et al

Filing 162

ORDER granting 157 Plaintiff's Motion to Determine Entitlement to Attorney's Fees, and to Stay Proceedings as to the Determination of the Amount of Attorney's Fees. This matter is stayed as to the determination of the amount of attorneys fees until the appellate process has been completed. Signed by Judge Virginia M. Hernandez Covington on 10/20/2011. (CAC)

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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION COLLEEN A. ZIOLKOWSKI, as Personal Representative of the Estate of CHARLES J. ZIOLKOWSKI, Deceased, as Assignee of SUNCOAST MEDICAL CLINIC, LLC, Plaintiff, v. Case No. 8:09-cv-776-T-33TGW LANDMARK AMERICAN INSURANCE COMPANY, Defendant. ______________________________/ ORDER This matter comes before the Court pursuant to Plaintiff’s Motion to Determine Entitlement to Attorney’s Fees, and to Stay Proceedings as to the Determination of the Amount of Attorney’s Fees (Doc. # 157), filed on September 26, 2011. The parties agree that because Plaintiff prevailed in this breach of contract action, Plaintiff is entitled to attorney’s fees under Fla. Stat. 627.428. The parties further agree to a stay in this matter as to the determination of the amount of attorney’s fees until the appellate process has been completed. Accordingly, it is hereby ORDERED, ADJUDGED, and DECREED: (1) Plaintiff’s Motion to Determine Entitlement to Attorney’s Fees, and to Stay Proceedings as to the Determination of the Amount of Attorney’s Fees (Doc. # 157) is GRANTED. (2) This matter is stayed as to the determination of the amount of attorney’s fees until the appellate process has been completed. DONE and ORDERED in Chambers in Tampa, Florida, this 20th day of October 2011. Copies: All Counsel of Record 2

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