GEICO INDEMNITY CO.
v.
PEREZ
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Attorney's fees and costs awards dependent upon a reversed final judgment must themselves be reversed.
[1] An award of attorney's fees and costs that is dependent upon an underlying judgment is subject to reversal when the underlying judgment is reversed and remanded on appeal…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Once a final judgment is reversed and remanded by an appellate court, there can be no prevailing party for purposes of an award of prevailing party attorney's fees. Consequently, an award of attorney's fees and costs predicated on a reversed or vacated final judgment also must be reversed”
Marty v. Bainter citation establishing the principle that fee awards tied to reversed judgments cannot stand
GEICO appealed attorney's fees and costs judgments awarded in an uninsured/underinsured motorist coverage dispute. This Court had previously reversed …
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HENDON, J.
As the appellees properly concede, the attorney’s fees and costs judgments at issue in these consolidated appeals must be reversed. In GEICO Indemnity Co.
v. Perez, 260 So. 3d 342 (Fla. 3d DCA 2018), this Court reversed the underlying final judgment as to uninsured/underinsured motorist coverage and remanded for a new trial. Therefore, the attorney’s fees and costs judgments that were predicated on the reversed final judgment cannot stand. See City of Hollywood v. Witt, 939
So. 2d 315, 319 (Fla. 4th DCA 2006) (recognizing that “where an award of attorney’s fees is dependent upon the judgment obtained, the reversal of the underlying judgment necessitates the reversal of the fee award”); Marty v. Bainter,
727 So. 2d 1124, 1125 (Fla. 1st DCA 1999) (“Once a final judgment is reversed and remanded by an appellate court, there can be no prevailing party for purposes of an award of prevailing party attorney’s fees. Consequently, an award of attorney’s fees and costs predicated on a reversed or vacated final judgment also must be reversed”).
Reversed.
2
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Authorities Cited
- Grawbadger v. State, 727 So. 2d 1124 (Fla. 5th DCA 1999)
- Terry v. State, 727 So. 2d 1124 (Fla. 5th DCA 1999)
- City OF Hollywood v. Witt, 939 So. 2d 315 (Fla. 4th DCA 2006)
- GEICO Indem. Co. & GEICO Gen. Ins. Co. v. Perez, 260 So. 3d 342 (Fla. 3d DCA 2018)