PROGRESSIVE AUTO PRO INSURANCE COMPANY, PETITIONER,
v.
WYNNE CHIROPRACTIC, INC. ETC., RESPONDENT
PROGRESSIVE AUTO PRO INSURANCE COMPANY, PETITIONER,
WYNNE CHIROPRACTIC, INC. ETC., RESPONDENT
905 So. 2d 1038
Florida District Court of Appeal, Fifth District (2005)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
We deny the Petition for Writ of Certiorari based on our decisions in Holiday v. Nationwide Mutual Fire Insurance, 864 So. 2d 1215 (Fla. 5th DCA 2004), and Bluegrass Art Cast, Inc. v. Consolidated Erection Services, Inc., 870 So. 2d 196 (Fla. 5th DCA 2004); however, as we did in those cases, we certify to the Supreme Court of Florida the same question: In light of the Supreme Court’s decision in Sarkis [v. Allstate Ins. Co., 863 So. 2d 210 (Fla.2003)] may a multiplier be applied to enhance an award of attorney’s fees granted under a fee-shifting statute such as section 627.428, Florida Statutes (2002)?
PETITION DENIED; QUESTION CERTIFIED.
GRIFFIN, THOMPSON and MONACO, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Allstate Ins. Co. v. Regar, 942 So. 2d 969 (Fla. 2d DCA 2006)…lso be strictly construed to preclude an award of attorney’s fees. Our sister courts have rejected this argument, but the courts nonetheless certified the question to the supreme court. See Progressive Auto Pro Ins. Co. v. Wynne Chiropractic, Inc., 905 So. 2d 1038 (Fla. 5th DCA 2005), review denied, 928 So. 2d 336 (Fla.2006); Mercury Cas. Co. v. Flores, 905 So. 2d 179 (Fla. 3d DCA 2005), review denied, 928 So. 2d 335 (Fla.2006); Holiday v. Nationwide Mut. Fire Ins., 864 [*975] So. 2d 1215 (Fla. 5th DCA 2004),…
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Progressive Consumers Ins. Co. v. Cent. Fla. Physiatrists, P.A., 915 So. 2d 261 (Fla. 5th DCA 2005)…PER CURIAM. We deny the Petition for Writ of Certio-rari based on our decisions in Progressive Auto Pro Insurance Co. v. Wynne Chiropractic, Inc., 905 So. 2d 1038 (Fla. 5th DCA 2005); Bluegrass Art Cast, Inc. v. Consolidated Erection Services, Inc., 870 So. 2d 196 (Fla. 5th DCA 2004), and Holiday v. Nationwide Mutual Fire Insurance, 864 So. 2d 1215 (Fla. 5th DCA 2004). However, as we did in those cases, we ce…
Authorities Cited
- Sarkis v. Allstate Ins. Co., 863 So. 2d 210 (Fla. 2003)
- Holiday v. Nationwide Mut. Fire Ins., 864 So. 2d 1215 (Fla. 5th DCA 2004)
- Noel v. State, 864 So. 2d 1215 (Fla. 4th DCA 2004)
- Bluegrass ART Cast, Inc. v. Consol. Erection Servs., Inc., 870 So. 2d 196 (Fla. 5th DCA 2004)