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IN THE CIRCUIT COURT OF THE 17° JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA THE HAMMOCKS-LAKE FOREST CONDOMINIUM ASSOCIATION, INC. Individually, Plaintif, CASENO.: 08-24080 vs. FLORIDA INSURANCE GUARANTY ASSOCIATION, a corporation authorized and doing business in Florida, Defendant. / ORDER ON PLAINTIFI’S MOTION FOR FINAL JUDGMENT ON APPRAISAL, "AWARD, MOTION FOR ENTITLEMENT TO ATTORNEY'S FEES, AND MOTION FOR ENTRY OF FINAL JUDGMENT ON AMOUNT OF COSTS THIS CAUSE came before the Court on September 23, 2009 on the Plaintiff, The Hammocks-Lake Forest Condominium Association, Inc.'s, Motion for Final Judgment on Appraisal Award, Motion for Entitlement to Attorney's Fees, and Motion for Entry of Final Judgment on Amount of Costs. The Court having heard argument of counsel, reviewed the pleadings, and being otherwise advised in the premises, itis hereupon, ORDERED and ADJUDGED as follows |. Plaintiff's Motion for Final Judgment on the Appraisal Award is DENIED as Defendant has already paid the full amount of the Appraisal Award, Plaintiff's Motion for Entitlement to Attorney’s Fees is hereby DENIED. The Court finds that Defendant did not, by its Answer or other affirmative action, deny Plaintiff's covered claim and that pursuant to § 637.70, Florida Statutes, Defendant is not liable for Plaintiff's attorney's fees. Per proley_eta\Protan,Does\anmock-Late Forest Condominiam dssciton In, The\03540-000 Das (PL)27 5843 de age lof? 3. Plaintif's Motion for Entry of Final Judgment on Amount of Costs is hereby GRANTED IN PART. Plaintiff is entitled to recover its filing fee and service of process fee, in the amount of $286.00, as taxable costs against Defendant pursuant to § 57.041, Florida Statutes. Defendant shall have twenty (20) days from the date of this Order to provide payment of the same, 4, Plaintiff's Motion for Entry of Final Judgment on Amount of Costs is DENIED IN PART. The Court finds that the insurance policy at issue controlled the allocation of the payment of the costs relative to the appraisal process. Pursuant to the policy each party was to pay the cost of its own appraiser and split the cost of the umpire equally. Accordingly, Plaintiff cannot recover its appraiser fee or one-half of the umpire fee as taxable costs in this matter against Defendant. 5. If Defendant pays the aforementioned $286.00 within twenty (20) days, the Court will dispense with entering a formal judgment and will enter an appealable Final Order of Dismissal. Should Defendant fail to make payment in the time provided, a Final Judgment shall be entered. DONE and ORDERED in Chambers at Fort Lauderdale, Broward County, Florida this day of September, 2009. “ é ' Honorable David Krathen Circuit Court Judge Copies furnished to: Mitchell B, Haller, Esquire, Katzman Garfinkel! Rosenbaum, 300 North Maitland Avenue, Maitland, FL 32751 for Plaintiff. Jeffrey T, Kuntz, Esquire, GrayRobinson, P.A., 401 East Las Olas Boulevard, Suite 1850, Lauderdale, FL 33301 for Defendant. Wet rolow_dato\Protne_DoesHanmacs-Late Forrest Condominium Asrocition tne, Thei3S40-001\Drafs(PL7SS43 doe Page 2of2