USAA CASUALTY INSURANCE COMPANY
v.
ORLANDO TOTAL HELP & REHABILITATION CENTER, INC
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The Ninth Judicial Circuit Court's Appellate Division granted USAA Casualty Insurance Company's motion for rehearing to modify the prior reversal decision. The court conditioned the appellant's award of appellate attorney's fees on the appellant ultimately prevailing in the remanded litigation, rather than awarding the fees unconditionally.
The court granted USAA's motion for rehearing and modified its prior order to condition the appellant's attorney's fees award on OTHRC ultimately obtaining a judgment against USAA on remand.
[1] An award of appellate attorney's fees may be conditioned on the ultimate success of the party awarded the fees.
[2] A motion for rehearing may be granted to correct an error in the conditioning of an attorney's fee award.
Previewing 2 of 3 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Appellee argues that the award of the appellate attorney's fees was incorrectly granted because it did not include that the award be conditioned on Appellant ultimately obtaining a judgment against Appellee on remand. This Court concurs with Appellee in its motion for rehearing.”
The court's agreement with the appellee's argument that the attorney's fees should be conditional on ultimate success in the remanded litigation.
Previewing 1 of 2 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceOrlando Total Help & Rehabilitation Center, Inc. (OTHRC), a/a/o Janice Vasquez, appealed an adverse summary judgment decision entered by the trial cou…
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THIS MATTER came before the Court for consideration of Appellee, USAA Casualty Insurance Company’s Motion for Rehearing filed on December 22, 2011. This Court having reviewed the motion, the Final Order Reversing Trial Court entered on December 8, 2011, the court file, and being otherwise fully advised in the premises, finds as follows: Appellee does not seek rehearing of this Court’s opinion reversing the summary final judgment and remanding the case to the trial court for further proceedings. However, Appellee moves for rehearing on the portion of this Court’s order granting an award of appellate attorney’s fees to Appellant, Orlando Total Help & Rehabilitation Center, Inc., a/a/o Janice Vasquez. Appellee argues that the award of the appellate attorney’s fees was incorrectly granted because it did not include that the award be conditioned on Appellant ultimately obtaining a judgment against Appellee on remand. This Court concurs with Appellee in its motion for rehearing. Accordingly, it is hereby ORDERED AND ADJUDGED that Appellee’s Motion for Rehearing is GRANTED. Appellant, OTHRC’s “Motion to Tax Attorney’s Fees” filed February 17, 2010 is granted, conditioned on Appellant ultimately prevailing in the litigation. All other portions of the Final Order Reversing Trial Court entered on December 8, 2011 shall remain in effect.
DONE AND ORDERED in Chambers, at Orlando, Orange County, Florida on this 17th day of January, 2012.
_/S/_________________________ JANET C. THORPE
Circuit Judge
_/S/_________________________
_/S/___________________________ GAIL A. ADAMS
ROBERT M. EVANS Circuit Judge
Circuit Judge
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing Order has been furnished via U.S. mail to Crystal L. Eiffert, Esquire and Chad A. Barr, Esquire, Eiffert & Associates, P.A., 122 E. Colonial Drive, Suite 210, Orlando, Florida 32801; and Douglas H. Stein, Esq. and Stephanie Martinez, Esquire, Seipp & Flick, LLP, Two Alhambra Plaza – Suite 800, Miami, Florida 33134-5214; and Julia Pinnell, Esquire and Virgil W. Wright, III, Esquire (trial attorneys for appellee), Cameron, Hodges, Coleman, LaPointe & Wright, P.A., 111 North Magnolia Avenue, Suite 1350, Orlando, Florida 32801 on the 17th day of January, 2012.
_/S/_________________________
Judicial Assistant