Order

Opinion

Supreme Court of Florida

THURSDAY, MARCH 13 ,2014

CASE NO(S).: SC12-157 Lower Tribunal No.: 5D09-1488; 5D09-2091;

05-2007-CA-22134

STATE FARM MUTUAL vs. ROBIN CURRAN AUTOMOBILE INSURANCE COMPANY Petitioner(s) Respondent(s)

Respondent’s motion for appellate attorney’s fees for services rendered in this Court pursuant to section 627.428, Florida Statutes (2011), is hereby provisionally granted and remanded to the trial court to determine the amount. Respondent’s additional request for a conditional award of fees and costs pursuant to section 768.79, Florida Statutes (2011), is hereby denied. Respondent’s motion for review of the Fifth District’s order denying respondent’s motion for appellate attorney’s fees is hereby denied as untimely pursuant to Florida Rule of Appellate Procedure 9.400(c).

Petitioner’s motion for appellate attorney’s fees and costs for services rendered in this Court pursuant to section 768.79, Florida Statutes, is hereby denied.

PARIENTE, LEWIS, QUINCE, LABARGA, and PERRY, JJ., concur. POLSTON, C.J., dissents with an opinion, in which CANADY, J., concurs.

POLSTON, C.J., dissenting.

Because I would order the trial court to vacate the judgment against State Farm, I would deny Curran’s motion for attorney’s fees and grant State Farm’s

Case No. SC12-157 Page 2

motion for attorney’s fees, conditioned upon the trial court’s finding that State Farm is entitled to fees pursuant to its proposal for settlement.

CANADY, J., concurs.

A True Copy Test:

__________________________

John A. Tomasino Clerk, Supreme Court

Served: HON. PAMELA R. MASTERS, CLERK ELIZABETH KOEBEL RUSSO THE TURNER LAW FIRM, LLC O. JOHN ALPIZAR MARJORIE GADARIAN GRAHAM GARY M. FARMER BARD DANIEL ROCKENBACH HON. BRUCE WALDRON JACOBUS, JUDGE HON. MITCH NEEDELMAN, CLERK