Hialeah Medical Associates, Inc. v. United Automobile Insurance Co.

151 So. 3d 1279, 2014 Fla. App. LEXIS 20027, 2014 WL 6964233

• Court: District Court of Appeal of Florida
• Decided: December 10, 2014
• Docket: No. 3D14-1625
• Status: Published

Opinion

SHEPHERD, C.J.

Based on United Automobile Insurance Company’s concession that the Petitioner, Hialeah Medical Associates, Inc., was entitled to appellate attorney fees below as the prevailing party, pursuant to section 627.428(1) of the Florida Statutes and clear case law from this district requiring the same, see, e.g. A. Carlo Guadagno, D.C., P.A. v. United Auto. Ins. Co., 88 So.3d 246, 247 (Fla. 3d DCA 2011) (finding, on petition for certiorari, a departure from the essential requirements of law for the failure to conditionally award attorney fees under section 627.428(1) to the prevailing party), we grant certiorari, quash the portion of the opinion denying appellate attorney fees below, and remand the case to the circuit court appellate division for a determination of an amount of attorney fees to be awarded, conditioned upon the Petitioner prevailing in the underlying proceedings.