PROGRESSIVE EXPRESS INSURANCE COMPANY, APPELLANT,
v.
LOUIS R. MENENDEZ, JR., AND CATHY MENENDEZ, APPELLEES

Fla. 3d DCA | 2008-03-19
No. 3D07-766
Before GREEN, RAMIREZ, and SALTER, JJ.
979 So. 2d 335 Florida District Court of Appeal, Third District (2008) Positive Treatment
Cited by 4 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

This is an appeal from a final judgment awarding attorney’s fees and costs pursuant to a final summary judgment in appel-lees’ favor. As that final summary judgment has now been reversed by this court in Progressive Express Insurance Co. v. Menendez, 979 So. 2d 324, 2008 WL 723848 (Fla. 3d DCA March 19, 2008), this fee judgment must likewise be reversed. See Viets v. Am. Recruiters Enters., Inc., 922 So. 2d 1090, 1096 (Fla. 4th DCA 2006); Amorello v. Tauck, 824 So. 2d 244 (Fla. 4th DCA 2002); ARC Foods, Inc. v. MGI Props., 746 So. 2d 514 (Fla. 2d DCA 1999); Fieldstone v. Chung, 416 So. 2d 11 (Fla. 3d DCA 1982).

Reversed.


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  • Robert Jeffrey Chaskes, D.O. v. Gutierrez, 116 So. 3d 479 (Fla. 3d DCA 2013)
    …kes, Nurse Saint-Eoli and Vohra Health. We also reverse the trial court’s award of attorney’s fees and costs to Gutierrez. See, e.g., Packaging Corp. of Am. v. DeRycke, 49 So. 3d 286, 294 (Fla. 2d DCA 2010); Progressive Express Ins. Co. v. Menendez, 979 So. 2d 335 (Fla. 3d DCA 2008); ARC Foods, Inc. v. MGI Props., 746 So. 2d 514, 514 (Fla. 2d DCA 1999). Reversed and remanded. . The trial testimony was that, generally, a stage I pressure ulcer (or bedsore) is a condition where the skin is darker in pigmentat…
  • Small v. Devon Condo. B Ass'n, Inc., 141 So. 3d 574 (Fla. 4th DCA 2014)
    …material fact as to whether the association’s actions were reasonable and necessary. Summary judgment is therefore reversed, as is the attorney’s fees judgment entered pursuant to entry of that judgment. See Progressive Express Ins. Co. v. Menendez, 979 So. 2d 335 (Fla. 3d DCA 2008) (fee award must be reversed where the final summary judgment had been reversed). Our holding, however, does not exonerate the owner from the contempt finding for two reasons. First, the owner failed to appeal the original contemp…

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