187AP74 WOOLBRIGHT
v.
PROGRESSIVE JUNE 20

15th Cir. Ct. App. Div. | 2020-06-26
1 FLCA 6909 Fifteenth Judicial Circuit Court, Appellate Division (2020)

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Synopsis

Woolbright Spine & Rehab appealed the trial court's entry of final summary judgment in favor of Progressive American Insurance Company. The appellate court affirmed the summary judgment, denied the appellant's motion for attorney's fees, and conditionally granted the appellee's motion for appellate attorney's fees pending the trial court's determination of reasonableness and good faith.


Holding

The appellate court affirmed the trial court's entry of summary judgment for Progressive. The court denied the appellant's motion for attorney's fees and conditionally granted the appellee's motion for appellate attorney's fees, subject to the trial court's determination that the settlement proposal was sufficient and made in good faith.


Headnotes

[1] A motion for attorney's fees is denied when the trial court's entry of final summary judgment is affirmed.

[2] An award of appellate attorney fees may be conditionally granted, contingent upon a determination of the sufficiency and good faith of a proposal for settlement.

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Key Quotes

“Because we affirm the trial court's entry of final summary judgment, Appellant's "Motion for Attorney's Fees" is DENIED.”

Establishes that the appellate court affirmed summary judgment and therefore denied the appellant's fee request as a consequence.

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Facts & Procedural History

This case involved a dispute between Woolbright Spine & Rehab (on behalf of Elsi Sankamo) and Progressive American Insurance Company. The trial court …

The full statement of facts, procedural history, and disposition for this case are member content.

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Opinion of the Court

IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT

IN AND FOR PALM BEACH COUNTY, FLORIDA

APPELLATE DIVISION (CIVIL): AY

CASE NO.: 502018AP000074CAXXMB

L.T. NO.: 502015SC009790XXXXMB WOOLBRIGHT SPINE & REHAB, a/a/o Elsi Sankamo,

Appellant,

v. PROGRESSIVE AMERICAN INSURANCE COMPANY, Appellee.

_______________________________/

Opinion filed: June 26, 2020 Appeal from the County Court in and for Palm Beach County; Judge August A. Bonavita.

For Appellant: Travis Greene, Esq.

300 S.E. 17th Street, First Floor

Fort Lauderdale, Florida 33316

[email protected]

[email protected]

For Appellee: Kenneth P. Hazouri, Esq.

332 North Magnolia Avenue

Orlando, Florida 32804

[email protected]

[email protected]

PER CURIAM.

AFFIRMED.

Because we affirm the trial court’s entry of final summary judgment, Appellant’s “Motion for Attorney’s Fees” is DENIED. However, we conditionally GRANT Appellee’s “Motion for Appellate Attorney Fees” and REMAND to the trial court to determine a reasonable amount of [*2] Page 2 of 2 fees, with the award being contingent upon the trial court’s determination that Appellee’s Proposal for Settlement was sufficient and made in good faith.

GOODMAN, J. KEYSER, and CURLEY, JJ., concur. [*3] IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT

IN AND FOR PALM BEACH COUNTY, FLORIDA

APPELLATE DIVISION (CIVIL): AY

CASE NO.: 502018AP000074CAXXMB

L.T. NO.: 502015SC009790XXXXMB WOOLBRIGHT SPINE & REHAB, a/a/o Elsi Sankamo,

Appellant,

Opinion/Decision filed: June 26, 2020

v. Appeal from the County Court in and for Palm Beach County, Florida;

Judge August A. Bonavita

PROGRESSIVE AMERICAN

INSURANCE COMPANY,

Appellee.

Appeal Filed: June 20, 2018 _________________________________/

DATE OF PANEL: JUNE 23, 2020 PANEL JUDGES: GOODMAN, J. KEYSER, CURLEY

AFFIRMED/REVERSED/OTHER: AFFIRMED

DECISION BY: PER CURIAM

CONCURRING: ) DISSENTING: ) CONCURRING SPECIALLY: ) ) With/Without Opinion ) With/Without Opinion ) ) ) ) /s/ Jaimie Goodman ) _____________________ ) _________________________ ) DATE: 6/26/20 J. ) J. ) J. ) ) ) ) /s/ Janis Keyser ) _____________________ ) _________________________ ) DATE: 6/25/20 J. ) J. ) J. ) ) ) ) /s/ G. Joseph Curley ) _____________________ ) _________________________ ) DATE: 6/26/20 J. ) J. ) J. )


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