SOUTH FLORIDA PAIN AND REHABILITATION CENTER, INC., PETITIONER,
v.
UNITED AUTOMOBILE INSURANCE COMPANY, RESPONDENT
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We treat the notice of appeal as a petition for a writ of certiorari. See Brass & Singer, P.A. v. United Auto. Ins. Co., 919 So.2d 473, 474 n. 1 (Fla. 3d DCA 2005) (“Certiorari is the procedure for review in this court of the denial of appellate attorney’s fees by the appellate division of the circuit court.”). A writ of certiorari may be granted to review the circuit court sitting as an appellate court “only when there has been a violation of a clearly established principle of law resulting in a miscarriage of justice.” Allstate Ins. Co. v. Kaklamanos, 843 So.2d 885, 889 (Fla.2003). The circuit court denied petitioner’s motion for attorney’s fees because petitioner requested fees in its brief and did not file a separate motion. The circuit court applied the correct law of this district. See McCreary v. Fla. Residential Prop. & Cas. Joint Underwriting Ass’n, 758 So.2d 692, 696 (Fla. 4th DCA 1999). On the record before us, no miscarriage of justice has resulted. Therefore, we deny the petition.
Petition denied.
MAY, DAMOORGIAN and LEVINE, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Comprehensive Health Ctr., LLC v. United Auto. Ins. Co., 99 So. 3d 525 (Fla. 3d DCA 2011)…uashed in part, and cause remanded. . A petition for a writ of certiorari is the proper vehicle for review of the circuit court appellate division’s denial of appellate attorney's fees. See S. Fla. Pain & Rehab. Ctr., Inc. v. United Auto. Ins. Co., 82 So. 3d 854 (Fla. 4th DCA 2011); Hollywood Injury Rehab Ctr. v. United Auto. Ins. Co., 985 So. 2d 1221 (Fla. 3d DCA 2008); Prof'l Med. Grp., Inc. v. United Auto. Ins. Co., 967 So. 2d 243 (Fla. 3d DCA 2007); Brass & Singer v. United Auto. Ins. Co., 919 So. 2d 47…
Authorities Cited
- Allstate Ins. Co. v. Keely Kaklamanos, 843 So. 2d 885 (Fla. 2003)
- Fran McCREARY and Cain McCreary v. Fla. Residential Prop. & Cas. Joint Underwriting Ass'n, 758 So. 2d 692 (Fla. 4th DCA 1998)
- Brass & Singer, P.A. v. United Auto. Ins. Co., 919 So. 2d 473 (Fla. 3d DCA 2005)