JAMIE A. SCHINDLER
v.
ALL PAVING, INC., ET AL
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An attorney's fees order is premature and must be reversed when the underlying final judgment on which it is based has been reversed.
[1] An attorney's fees award is premature and subject to reversal when the underlying judgment on which the fee award is based has been reversed on appeal.
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Join FLexlaw to unlock all legal intelligence“Because we are reversing the summary judgment in favor of the insurer, the question of whether the insurer is entitled to attorney's fees is premature”
Citation to Emergency Servs. 24, Inc. v. United Prop. & Cas. Ins. Co., 165 So. 3d 756, 757 (Fla. 4th DCA 2015)
Schindler appealed a trial court's attorney's fees order. The underlying final judgment in the related case All Paving & Sealcoating LLC v. Daly had b…
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DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FOURTH DISTRICT
JAMIE A. SCHINDLER, Appellant,
V.
ALL PAVING, INC., et al., Appellees. No. 4D2025-1435 [June 3, 2026]
Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Jeffrey Richard Levenson, Judge; L.T. Case No. 062017CA014794AXXXCE.
Ryan Alexander Abrams of Abrams Law Firm, P.A., Fort Lauderdale, for appellant.
Robert Jeffrey Hauser of Sniffen & Spellman, P.A., West Palm Beach, for appellees.
PER CURIAM.
We reverse and vacate the trial court's attorney's fees order as premature because we have reversed the final judgment in All Paving & Sealcoating LLC v. Daly, No. 4D2025-0521, 2026 WL 1313986 (Fla. 4th DCA May 13, 2026). See Emergency Servs. 24, Inc. v. United Prop. & Cas. Ins. Co., 165 So. 3d 756, 757 (Fla. 4th DCA 2015) (holding that “[b]ecause we are reversing the summary judgment in favor of the insurer, the question of whether the insurer is entitled to attorney's fees is premature”); JBJ Inv. of S. Fla., Inc. v. S. Title Grp., Inc., 251 So. 3d 173, 181 (Fla. 4th DCA 2018) (same).
Reversed and remanded.
GROSS, CIKLIN and CONNER, JJ., concur.
* * *
Not final until disposition of timely-filed motion for rehearing.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- JBJ Inv. OF S. Fla., Inc. v. S. Title Grp., Inc., 251 So. 3d 173 (Fla. 4th DCA 2018)
- Emergency Servs. 24, Inc. v. United Prop. & Cas. INS. Co., 165 So. 3d 756 (Fla. 4th DCA 2015)