UNITED AUTOMOBILE INSURANCE COMPANY, PETITIONER,
v.
ROSAIDA PEREZ, RESPONDENT
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Florida appellate court denied insured's petition for certiorari challenging reversal of county court judgment, and quashed the appellate division's award of attorney's fees because the insured did not prevail on appeal.
An appellate court may not award attorney's fees to an insured under Fla. Stat. § 627.428 unless the insured prevails on appeal.
[1] An appellate court may not award attorney's fees to an insured under Fla. …
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Join FLexlaw to unlock all legal intelligenceRosaida Perez obtained a judgment in county court against United Automobile Insurance Company. The circuit court appellate division reversed the judgm…
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COPE, J.
In case No. 3D08-1185, Rosaida Perez, plaintiff below, petitions for a writ of certiorari in which she seeks to quash a decision of the circuit court appellate division which reversed a county court judgment in her favor. We deny the petition on authority of Allstate Insurance Co. v. Kaklamanos, 843 So. 2d 885, 889 (Fla.2003), and Ivey v. Allstate Insurance Co., 774 So. 2d 679, 682 (Fla.2000).
In case No. 3D08-1191, United Automobile Insurance Co., defendant below, seeks to quash the attorney’s fee award entered by the appellate division of the circuit court. In the appellate division, the defendant obtained a reversal of the county court judgment in favor of the plaintiff, and a remand for further proceedings. At the conclusion of the appellate division opinion, the court stated: “If [plaintiff] Perez prevails upon remand, then she will be entitled to attorney’s fees and costs pursuant to § 627.428, Fla. Stat. (2006).” The defendant argues that under Brass & Singer, P.A. v. United Automobile Ins. Co., 944 So. 2d 252, 254 (Fla.2006), “an appellate court may not award attorney’s fees to an insured unless the insured prevails on appeal.” The plaintiff concedes that the defendant is correct. We therefore quash the portion of the appellate division opinion which awarded appellate attorney’s fees to the plaintiff. We do not disturb the remainder of the appellate division opinion.
For the stated reasons, certiorari is granted in part and denied in part.
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Citator
Cited By
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Comprehensive Health Ctr., LLC v. United Auto. Ins. Co., 99 So. 3d 525 (Fla. 3d DCA 2011)…2008); Prof'l Med. Grp., Inc. v. United Auto. Ins. Co., 967 So. 2d 243 (Fla. 3d DCA 2007); Brass & Singer v. United Auto. Ins. Co., 919 So. 2d 473, 474 n. 1 (Fla. 3d DCA 2005), approved, 944 So. 2d 252 (Fla.2006); cf. United Auto. Ins. Co. v. Perez, 990 So. 2d 607 (Fla. 3d DCA 2008) (review of an order granting appellate fees). . Section 627.428(1) provides: Upon the rendition of a judgment or decree by any of the courts of this state against an insurer and in favor of any named or omnibus insured or the na…
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United Auto. Ins. Co. v. Lopez, 7 So. 3d 583 (Fla. 3d DCA 2009)…y’s fees to an insured unless the insured prevails on appeal.” Id. (emphasis added). Our own case law, post -Brass & Singer, has reiterated the command of our high court that the word “prevails” means “prevails.” See United Auto. Ins. Co. v. Perez, 990 So. 2d 607 (Fla. 3d DCA 2008); United Auto. Ins. Co. v. Prof'l Med. Group, Inc., 1 So. 3d 365, 366 (Fla. 3d DCA 2009) (“[A]n appellate court cannot award appellate attorney’s fees to an insured unless the insured prevails on appeal.”).1 It is also apodictic th…
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Cent. Palm Beach Physicians & Urgent Care, Inc. v. State Farm Mut. Auto. Ins. Co. (15th Cir. Ct. App. Div. 2018)
Authorities Cited
- Allstate Ins. Co. v. Keely Kaklamanos, 843 So. 2d 885 (Fla. 2003)
- Farren Ivey v. Allstate Ins. Co., 774 So. 2d 679 (Fla. 2000)
- Brass & Singer, P.A. v. United Auto. Ins. Co., 944 So. 2d 252 (Fla. 2006)