Althouriste v. Century Medical Health Plan, Inc.

OPINION OF THE COURT

W. THOMAS SPENCER, Circuit Judge.

ORDER DENYING MOTION TO STRIKE ATTORNEY FEES

The Plaintiff’s complaint alleges that the defendant Health Maintenance Organization failed to provide certain medical benefits and asks for attorney fees under the provisions of F.S. 641.28 which provides:

“641.28 Civil Remedy. — In any civil action brought to enforce the terms and conditions of a health maintenance organization contract, the prevailing party is entitled to recover reasonable attorney’s fees and court costs.”

*144The defendant moves to strike the claim for attorney fees because the HMO…