Geico General Insurance Company v. Thomas A. Moultrop and Patricia Guy Moultrop

District Court of Appeal of Florida

Geico General Insurance Company v. Thomas A. Moultrop and Patricia Guy Moultrop

190 So. 3d 124, 2015 Fla. App. LEXIS 16955, 2015 WL 7018792

District Court of Appeal of Florida·Decided November 12, 2015·No. 4D15-2772·Published

Opinion

ON RESPONDENTS’ MOTION FOR APPELLATE ATTORNEY’S ⅝' . ' FEES

■PER CURIAM;

Geico General Insurance Company filed a petition for writ of certiorari challenging ah order requiring it to produce documents. Without ordering k response under Florida Rule of Appellate Procedure 9.100(h), this court denied the petition on August 18, 2015; Geico moved for rehearing and, on September 28, 2015, the respondents filed a response to that motion and also moved for attorney’s fees.

Rule 9.400(b)(2) provid.es that “in original proceedings” a motion for attorney’s fees “shall be served not later than ... the time for service of the petitioner’s reply to the response to the petition.” Here, the court denied the petition without requiring a response to the petition or, obyiously, a reply to a response. Having been first filed after the petition had been denied, the motion for appellate attorney’s fees is denied as untimely. .

CIKLIN, C. J., GROSS and LEVINE, JJ., concur.

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ON RESPONDENTS’ MOTION FOR APPELLATE ATTORNEY’S ⅝' . ' FEES

■PER CURIAM;

Geico General Insurance Company filed a petition for writ of certiorari challenging ah order requiring it to produce documents. Without ordering k response under Florida Rule of Appellate Procedure 9.100(h), this court denied the petition on August 18, 2015; Geico moved for rehearing and, on September 28, 2015, the respondents filed a response to that motion and also moved for attorney’s fees.

Rule 9.400(b)(2) provid.es that “in original proceedings” a motion for attorney’s fees “shall be served not later than ... the time for service of the petitioner’s reply to the response to the petition.” Here, the court denied the petition without requiring a response to the petition or, obyiously, a reply to a response. Having been first filed after the petition had been denied, the motion for appellate attorney’s fees is denied as untimely. .

CIKLIN, C. J., GROSS and LEVINE, JJ., concur.

Geico General Insurance Company v. Thomas A. Moultrop and Patricia Guy Moultrop, 190 So. 3d 124, 2015 Fla. App. LEXIS 16955, 2015 WL 7018792 (Fla. Ct. App. 2015).

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