Key Takeaway
Florida PIP case examines filing fee strategy where GEICO confessed judgment to block amendment attempts after low-value complaint filing in Alliance Spine v GEICO.
This article is part of our ongoing procedural issues coverage, with 187 published articles analyzing procedural issues issues across New York State. Attorney Jason Tenenbaum brings 24+ years of hands-on experience to this analysis, drawing from his work on more than 1,000 appeals, over 100,000 no-fault cases, and recovery of over $100 million for clients throughout Nassau County, Suffolk County, Queens, Brooklyn, Manhattan, and the Bronx. For personalized legal advice about how these principles apply to your specific situation, contact our Long Island office at (516) 750-0595 for a free consultation.
ALLIANCE SPINE & JOINT III, LLC a/a/o AUDREY BELMONTE vs GEICO GENERAL INSURANCE COMPANY, No. 4D21-134 (Fla. 4th DCA 2021)
This is an interesting Florida PIP case as it deals with the bane of every PIP Plaintiff/Applicant attorney: filing fees. New York Civil Court, City Court and District Court attorneys fail to realize how lucky they have it with the filing fees in the lower courts in New York. Outside of service fees, a lower court attorney will spend no more than $85 per case in filing fees, from $1 to $15,000-$25,000. Arguably, multi-suits could be per Assignor, allowing the maximum set forth in a complaint to be larger than above.
In Florida, the filing fees are bifurcated. The complaint filing fee is: $55.00 (claim under $100); $80.00 (claims from $101-$500); $175.00 ($501-$2500); $300.00 ($2501 to $30,000). The summons fee is $10.00 and there is usually a $5.00 surcharge added to all transactions.
A volume practitioner will always try to fit within the $55.00 fee level. It is economical. After devoting $70 to aggregate filing fees (there is no NOT or motion fee in Fla), the volume practitioner will also try to move to amend if he believes the claim has merit.
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The good people at GEICO caught on, knew they had no defense and filed a confession once the suit was served. Sure, the attorney/filing fee will be $2500, but they blocked out additional exposure. (Florida only allows one lawsuit per Claimant/Assignee).
A motion to amend was made, which the Court saw through:
“On May 16, 2019, approximately five and a half months after Geico confessed judgment and two weeks before the scheduled hearing on Geico’s motion to enforce the confession of judgment Provider moved to amend its complaint. Provider alleged, for the first time, that the “$54.10” in damages sought in the complaint was a “typographical error.” Provider made no mention of the complaint’s allegation that its damages “do not exceed $100.” As evidence that the “$54.10” was a typographical error, Provider attached to its motion a demand letter that it allegedly sent to Geico on October 11, 2016, demanding “$531.16” plus interest. “
“Thus, the controversy between the parties had not been so fully resolved that a judicial determination could have no
actual effect. Accordingly, to the extent the court seemingly denied the motion to amend on the basis that it lacked the authority to rule on the motion, we hold that it was error to do so. However, the court alternatively denied the motion to amend on the basis of prejudice. Because we conclude that the court did not abuse its discretion in denying the amendment on the basis of prejudice, we affirm the final judgment because at that point there was nothing left for the court to do but to enforce the otherwise valid confessed judgment”
The lesson is to know that with every action, there is an opposite yet equal reaction.
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Legal Context
Why This Matters for Your Case
New York law is among the most complex and nuanced in the country, with distinct procedural rules, substantive doctrines, and court systems that differ significantly from other jurisdictions. The Civil Practice Law and Rules (CPLR) governs every stage of civil litigation, from service of process through trial and appeal. The Appellate Division, Appellate Term, and Court of Appeals create a rich and ever-evolving body of case law that practitioners must follow.
Attorney Jason Tenenbaum has practiced across these areas for over 24 years, writing more than 1,000 appellate briefs and publishing over 2,353 legal articles that attorneys and clients rely on for guidance. The analysis in this article reflects real courtroom experience — from motion practice in Civil Court and Supreme Court to oral arguments before the Appellate Division — and a deep understanding of how New York courts actually apply the law in practice.
About This Topic
Procedural Issues in New York Litigation
New York civil procedure governs every stage of litigation — from pleading requirements and service of process to motion practice, discovery deadlines, and trial procedures. The CPLR creates strict procedural rules that can make or break a case regardless of the underlying merits. These articles examine the procedural pitfalls, timing requirements, and strategic considerations that practitioners face in New York state courts, with a particular focus on no-fault insurance and personal injury practice.
187 published articles in Procedural Issues
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Disclaimer: This article is published by the Law Office of Jason Tenenbaum, P.C. for informational and educational purposes only. It does not constitute legal advice, and no attorney-client relationship is formed by reading this content. The legal principles discussed may not apply to your specific situation, and the law may have changed since this article was last updated.
New York law varies by jurisdiction — court decisions in one Appellate Division department may not be followed in another, and local court rules in Nassau County Supreme Court differ from those in Suffolk County Supreme Court, Kings County Civil Court, or Queens County Supreme Court. The Appellate Division, Second Department (which covers Long Island, Brooklyn, Queens, and Staten Island) and the Appellate Term (which hears appeals from lower courts) each have distinct procedural requirements and precedents that affect litigation strategy.
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