ARCH SPECIALTY INS. CO.
v.
M.O.P. FOREIGN CAR DIV., INC.
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A petition for writ of certiorari must be denied when the petitioner has not demonstrated a departure from the essential requirements of law and irreparable injury.
[1] A motion for appellate attorneys' fees may be granted and remanded to the trial court for determination of the amount when the respondent prevails in the appellate procee…
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Join FLexlaw to unlock all legal intelligencePetitioner filed a petition for writ of certiorari against respondent M.O.P. Foreign Car Div., Inc. The respondent filed a motion for award of appella…
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Following review of the petition for writ of certiorari, and the response and reply thereto, it is ordered that said petition is hereby denied. Petitioner has not demonstrated a departure from the essential requirements of law and irreparable injury. See Higgins v. State Farm Fire & Cas. Co., 894 So. 2d 5 (Fla. 2004) ; Lantana Ins. Ltd. v. Thornton, 118 So. 3d 250 (Fla. 3d DCA 2013).
Upon consideration of respondent's motion for award of appellate attorneys' fees, it is ordered that said motion is granted and remanded to the trial court to fix amount, conditioned upon determination as the prevailing party at final judgment.
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Citator
Authorities Cited
- Higgins v. State Farm Fire & Cas. Co., 894 So. 2d 5 (Fla. 2004)
- Lantana Ins., Ltd. v. Thornton, 118 So. 3d 250 (Fla. 3d DCA 2013)