PROGRESSIVE SELECT INSURANCE COMPANY
v.
CURTIS WHITEHOUSE AND ARLINSON CHILITO
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Progressive Select Insurance Company appealed a lower court decision regarding attorney's fees awarded to Curtis Whitehouse in an insurance dispute. The court affirmed the award of attorney's fees on direct appeal and cross-appeal, but dismissed as moot Whitehouse's cross-appeal regarding interest and costs after the parties settled the outstanding amounts.
The court affirmed the award of attorney's fees to Curtis Whitehouse in all respects. The court dismissed as moot the cross-appeal issues regarding interest and reasonable costs because the parties settled the outstanding amounts after the cross-appeal was filed.
[1] An appeal concerning the nature and amount of attorney's fees awarded is affirmed when the trial court's decision is supported by the record.
[2] An issue raised on cross-appeal is dismissed as moot when the parties reach an agreement on the outstanding amounts owed and payment is made after the notice of cross-app…
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Join FLexlaw to unlock all legal intelligence“The direct appeal is affirmed in all respects as is the cross-appeal in all respects with regard to the nature and amount of attorney's fees which were awarded below to Curtis Whitehouse.”
Establishes that the court upheld the lower court's attorney's fee award in its entirety.
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Join FLexlaw to unlock all legal intelligenceCurtis Whitehouse and Arlinson Chilito were involved in a dispute with Progressive Select Insurance Company. The lower court awarded attorney's fees t…
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FIFTH DISTRICT COURT OF APPEAL STATE OF FLORIDA
Case Nos. 5D2023-2271 5D2023-3521 LT Case No. 2020-CA-005324
PROGRESSIVE SELECT INSURANCE COMPANY,
Appellant/Cross-Appellee,
V.
CURTIS WHITEHOUSE and ARLINSON CHILITO,
Appellee/Cross-Appellant.
On appeal from the Circuit Court for Duval County. Robert M. Dees, Judge.
Scott A. Cole, Kurt T. Koehler, and Francesca M. Stein, of Cole, Scott & Kissane, P.A., Miami, and Joseph T. Kissane and Victoria M. Merritt, Jacksonville, for Appellant/Cross Appellee.
Jessie L. Harrell, of The Harrell Firm, Jacksonville, for Curtis Whitehouse, Appellee/Cross Appellant.
No Appearance for Arlinson Chilito, Appellee/Cross Appellant.
February 14, 2025
PER CURIAM.
The direct appeal is affirmed in all respects as is the cross-appeal in all respects with regard to the nature and amount of attorney's fees which were awarded below to Curtis Whitehouse. We find that the issues initially raised on cross-appeal by Curtis Whitehouse regarding awarding the interest and reasonable costs sought by Whitehouse were rendered moot, once an agreement was reached between the parties as to the outstanding amounts owed and Progressive Select Insurance Company paid same, which was after Whitehouse filed his initial notice of cross-appeal. Accordingly, that aspect of the cross-appeal is dismissed as moot.
AFFIRMED, in part; and DISMISSED as MOOT, in part.
EDWARDS C.J., and LAMBERT and HARRIS, JJ., concur. Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.