MIAMI DADE COUNTY MRI CORP.
v.
UNITED AUTOMOBILE INS. CO.

Fla. 3d DCA | 2019-04-17
No. 19-0354
271 So. 3d 151 Florida District Court of Appeal, Third District (2019)

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Holding

When an insurance company confesses error regarding the denial of a prevailing party's motion for appellate attorney's fees under Florida Statutes sections 627.428(1) and 627.736(8), the appellate court grants the petition for writ of certiorari and remands for entry of an order awarding those fees.


Headnotes

[1] A party that confesses error in an appellate proceeding regarding the denial of attorney's fees to the prevailing party waives its entitlement to such fees and necessitat…

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Facts & Procedural History

Miami Dade County MRI Corporation sought a writ of certiorari to quash orders denying its motion for attorney's fees and granting United Automobile In…

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Opinion of the Court

HENDON, J.

Miami Dade County MRI Corporation petitions this Court for a writ of certiorari, seeking to quash the following order entered by the circuit court, sitting in its appellate capacity: (1) an order granting United Automobile Insurance Company’s motion for attorney’s fees, and (2) an order denying Miami Dade County MRI Corporation’s motion for attorney’s fees under sections 627.428(1) and 627.736(8) of the Florida Statutes. Based on United Automobile Insurance Company’s proper confession of error, we grant the petition, quash the orders under review, and remand for the entry of an order granting Miami Dade County MRI Corporation’s motion for appellate attorney’s fees filed under sections 627.428(1) and 627.736(8).

Petition granted; orders quashed; and remanded with directions.


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