CITIZENS PROPERTY INSURANCE CORPORATION, APPELLANT,
v.
THOMAS UEBERSCHAER, APPELLEE

Fla. 1st DCA | 2008-05-21
No. 1D06-0291
PADOVANO, LEWIS, and THOMAS, JJ., concur.
981 So. 2d 1265 Florida District Court of Appeal, First District (2008) Positive Treatment
Cited by 1 case


Opinion of the Court
PER CURIAM.

UPON REMAND FROM THE FLORIDA SUPREME COURT

PER CURIAM.

Pursuant to the Florida Supreme Court’s mandate in Citizens Property Insurance Corp. v. Ueberschaer, 979 So. 2d 929 (Fla.2008), which quashed and remanded our opinion in Citizens Property Insurance Corp. v. Ueberschaer, 956 So. 2d 483 (Fla. 1st DCA 2007), we have reconsidered the merits of this case under the principles announced in Florida Farm Bureau Casualty Insurance Co. v. Cox, 967 So. 2d 815 (Fla.2007). Accordingly, the final summary judgment issued in favor of Appellee, Thomas Ueberschaer, is reversed, and this matter is remanded for further proceedings consistent with the Florida Supreme Court’s decision in Cox. This reversal necessarily requires us to vacate our previous order partially granting Appellee’s motion for appellate attorney’s fees. Appellee’s motion for appellate attorney’s fees is hereby denied.

REVERSED and REMANDED.

PADOVANO, LEWIS, and THOMAS, JJ., concur.


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  • Travelers Commercial Ins. Co. v. Harrington, 187 So. 3d 879 (Fla. 1st DCA 2016)
    …1: This court’s order dated May 10, 2012, granting Appellee’s motion for appellate attorney’s fees is vacated, and Appellee’s motion for appellate attorney’s fees, filed October 17, 2011, is denied. See Citizens Property Ins. Corp. v. Ueberschaer, 981 So. 2d 1265 (Fla. 1st DCA 2008). 2. The request to set aside the judgments resulting from this court’s prior order granting Appellee’s motion for ap [*883] pellate attorney’s fees is denied without prejudice to Appellant seeking such relief in the trial court.…

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