UNITED AUTOMOBILE INSURANCE COMPANY
v.
PROFESSIONAL MEDICAL GROUP, INC., A/A/O IRINA TORRES SUAREZ
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A trial court's judgment awarding attorney's fees must be reversed and remanded for an evidentiary hearing when rendered before the trial court had the benefit of controlling appellate precedent on the issue.
[1] When an appellate court issues precedent after a trial court's judgment is rendered, the judgment must be reversed and remanded for reconsideration in light of the newly…
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Join FLexlaw to unlock all legal intelligenceUnited Automobile Insurance Company appealed a final judgment granting attorney's fees in favor of Professional Medical Group, Inc. The trial court re…
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Opinion filed July 7, 2021. Not final until disposition of timely filed motion for rehearing.
________________ No. 3D21-0219 Lower Tribunal Nos. 20-0204 AP, 17-5627 SP ________________
United Automobile Insurance Company,
Appellant,
vs.
Professional Medical Group, Inc., a/a/o Irina Torres Suarez, Appellee.
An appeal from the County Court for Miami-Dade County, Lawrence D. King, Judge. Michael J. Neimand, for appellant.
Feiler & Leach, P.L., and Martin E. Leach, for appellee. Before HENDON, MILLER, and BOKOR, JJ. PER CURIAM.
Appellant, United Automobile Insurance Company, challenges a final judgment granting attorney’s fees in favor of appellee, Professional Medical Group, Inc. We are cognizant that at the time the contested judgment was rendered, the trial court did not yet have the benefit of United Automobile Insurance Co. v. Professional Medical Group, Inc., 46 Fla. L. Weekly D1102 (Fla. 3d DCA May 12, 2021), but, bound by our precedent, we reverse and remand with instructions to conduct an evidentiary hearing. See also Sperdute v. Household Realty Corp., 585 So. 2d 1168, 1169 (Fla. 4th DCA 1991); Newman v. Newman, 121 So. 3d 661, 662 (Fla. 1st DCA 2013);
Guyton v. Leonard Dewey Wilkinson Action Welding Supply, Inc., 707 So. 2d 885, 886 (Fla. 1st DCA 1998); Roggemann v. Boston Safe Deposit & Tr. Co., 670 So. 2d 1073, 1075 (Fla. 4th DCA 1996); Castranova v. Auth, 590 So. 2d 28, 29 (Fla. 5th DCA 1991).
Reversed and remanded.
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Citator
Cited By
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United Auto. Ins. Co. v. Prof'l Med. Grp., Inc., 46 Fla. L. Weekly D1102 (Fla. 3d DCA 2021)
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United Auto. Ins. Co. v. Multimed Care, Inc., 46 Fla. L. Weekly D1102 (Fla. 3d DCA 2021)
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Robert L. and Dorothy G. Maple v. Commissioner OF Internal Revenue, 440 F.2d 1055 (9th Cir. 1971)…the time when they are productive, may often be deducted rather than capitalized, even though analogous developmental costs in other industries would have to be capitalized. (See Income Tax Regulations § 1.162-12; Estate of Richard R. Wilbur (1964) 43 T.C. 322.) In the field of agriculture the manner in which the expense was incurred will often determine whether it is a capital expenditure or a business expense. If a dairy farmer buys his cows fully mature, he must capitalize their purchase price; if he b…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Roggemann v. Boston Safe Deposit & Tr. Co., 670 So. 2d 1073 (Fla. 4th DCA 1996)
- Burgess v. State, 585 So. 2d 1168 (Fla. 4th DCA 1991)
- Guyton v. Leonard Dewey Wilkinson Action Welding Supply, Inc., 707 So. 2d 885 (Fla. 1st DCA 1998)
- Newman v. Newman, 121 So. 3d 661 (Fla. 1st DCA 2013)
- United Auto. Ins. Co. v. Prof'l Med. Grp., Inc., 46 Fla. L. Weekly D1102 (Fla. 3d DCA 2021)
- Castranova v. Auth, 590 So. 2d 28 (Fla. 5th DCA 1991)