[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT FILED
________________________ U.S. COURT OF APPEALS
ELEVENTH CIRCUIT
AUGUST 14, 2008
No. 07-13784
THOMAS K. KAHN
Non-Argument Calendar
CLERK
________________________
D. C. Docket No. 04-00445-CV-FTM-29-DNF
LEE MEMORIAL HEALTH SYSTEM,
Plaintiff-Appellant,
versus
MEDICAL SAVINGS INSURANCE COMPANY,
Defendant-Appellee.
________________________
Appeal from the United States District Court
for the Middle District of Florida
_________________________
(August 14, 2008)
Before BIRCH, DUBINA and WILSON, Circuit Judges.
PER CURIAM:
Lee Memorial Health System (“LMHS”) appeals the district court’s denial
of its Motion for Attorney’s Fees. LMHS prevailed in its lawsuit against Medical
Savings Insurance Company (“MSIC”) and recovered a total of $246, 277.16 in
damages. LMHS then sought to recover an additional $533,798.70 in attorney’s
fees pursuant to Fla. Stat. § 627.6698. The district court denied LMHS’s motion
on the ground that Fla. Stat. § 627.6515(2) exempts MSIC from attorney’s fees that
it would otherwise be liable for under § 627.6698.
On appeal, LMHS argues that § 627.6515(2) does not exempt MSIC from
attorney’s fees because (1) MSIC did not present evidence at trial that any group
insurance policies were issued or delivered outside Florida; (2) MSIC did not
present evidence at trial that each insured was a member of an association or group
through which MSIC offered a group health insurance policy; and (3) the
certificates entered into evidence do not contain the statement required by §
627.6515(2)(b) in contrasting color.
Upon review of the record and the parties’ briefs, we conclude that the
district court did not err in specifically finding that the policies in question were
issued or delivered outside Florida, to persons enrolled in the associations, and in
compliance with the requirements of § 627.6515(2)(b). Accordingly, we affirm.
AFFIRMED.
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