ALLSTATE
v.
KLIONSKY
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Allstate appeals a summary judgment entered in favor of Klionsky that was based on a Fourth District Court of Appeal decision subsequently quashed by the Florida Supreme Court. The appellate court reversed and remanded the judgment, finding it no longer legally supported, and granted Allstate's motion for appellate attorney's fees while encouraging the trial court to consider Allstate's delay in notifying it of the intervening Supreme Court decision.
The summary judgment is reversed and remanded for further proceedings consistent with the Florida Supreme Court's decision. Allstate is entitled to reasonable appellate attorney's fees, conditioned upon the trial court determining that Allstate's offer of judgment satisfies all legal requirements.
[1] A lower court's judgment must be reversed when it relies on a precedent that has subsequently been quashed by a higher court.
[2] A party may be entitled to appellate attorney's fees pursuant to statute, conditioned upon the offer of judgment satisfying all legal requirements.
Previewing 2 of 4 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“The Fourth District's decision was subsequently quashed by the Florida Supreme Court's decision in Allstate [*2] Insurance Company v. Orthopedic Specialists, 212 So. 3d 973 (Fla. 2017). We therefore agree that the final judgment must be REVERSED, and the matter is REMANDED for further proceedings consistent with the Florida Supreme Court's decision.”
Establishes the basis for reversal—the intervening Supreme Court decision quashing the lower appellate authority upon which the summary judgment was grounded.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceAllstate Fire & Casualty Insurance Company obtained a final summary judgment against it in a case involving Louis D. Klionsky. The judgment was entere…
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P.O. Box 254 Palm Beach, FL 33480 [email protected]
PER CURIAM.
Allstate Fire & Casualty Insurance Company appeals a final summary judgment that was entered pursuant to the Fourth District Court of Appeal's then-binding decision in Orthopedic Specialists v. Allstate Insurance Company, 177 So. 3d 19 (Fla. 4th DCA 2015). The Fourth District's decision was subsequently quashed by the Florida Supreme Court's decision in Allstate Insurance Company v. Orthopedic Specialists, 212 So. 3d 973 (Fla. 2017). We therefore agree that the final judgment must be REVERSED, and the matter is REMANDED for further proceedings consistent with the Florida Supreme Court's decision.
Allstate has also filed a Motion for Appellate Attorney Fees pursuant to section 768.79, Florida Statutes. We are constrained to find that Allstate is entitled to its reasonable appellate attorney's fees. See Braxton v. Grabowski, 125 So. 3d 936 (Fla. 2d DCA 2013). Accordingly, Allstate's Motion for Appellate Attorney Fees is GRANTED, conditioned upon the trial court determining that Allstate's offer of judgment otherwise satisfies all legal requirements. However, in determining the reasonable amount of appellate attorney's fees, we encourage the trial court to examine the procedural timeline leading up to the filing of this appeal. The Florida Supreme Court's decision was issued on January 26, 2017, only one day before Allstate filed its motion for rehearing. Although Allstate cannot be faulted for failing to cite to a decision that had not yet been rendered, it does not appear that Allstate ever supplemented or amended its motion for rehearing to bring the Florida Supreme Court's decision to the trial court's attention. The trial court did not deny the motion for rehearing until April 18, 2017, therefore Allstate had nearly three months to alert the trial court to a decision that would have obviated the need for this appeal.
FRENCH, CURLEY, and BLANC, JJ., concur. IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA
CIVIL APPELLATE DIVISION AY CASE NO.: 50-2017-AP-000077-CAXX-MB L.T. NO.: 50-2011-SC-008889-XXXX-MB
ALLSTATE FIRE & CASUALTY INSURANCE COMPANY Appellant, V. LOUIS D. KLIONSKY, D.C. P.A., A/A/O Anna Zarankin, Appellee.
Opinion/Decision filed: JUN 05 2018
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Citator
Authorities Cited
- Allstate Ins. Co. v. Orthopedic Specialists, 212 So. 3d 973 (Fla. 2017)
- Orthopedic Specialists v. Allstate Ins. Co., 177 So. 3d 19 (Fla. 4th DCA 2015)
- Tawayna Braxton v. Grabowski, 125 So. 3d 936 (Fla. 2d DCA 2013)