Progressive Select Insurance Company v. Whitehouse and Chilito
This text of Progressive Select Insurance Company v. Whitehouse and Chilito (Progressive Select Insurance Company v. Whitehouse and Chilito) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
FIFTH DISTRICT COURT OF APPEAL STATE OF FLORIDA _____________________________
Case Nos. 5D2023-2271 5D2023-3521 LT Case No. 2020-CA-005324 _____________________________
PROGRESSIVE SELECT INSURANCE COMPANY,
Appellant/Cross-Appellee,
v.
CURTIS WHITEHOUSE and ARLINSON CHILITO,
Appellee/Cross-Appellant. _____________________________
On appeal from the Circuit Court for Duval County. Robert M. Dees, Judge.
Scott A. Cole, Kurt T. Koehler, and Francesca M. Stein, of Cole, Scott & Kissane, P.A., Miami, and Joseph T. Kissane and Victoria M. Merritt, Jacksonville, for Appellant/Cross Appellee.
Jessie L. Harrell, of The Harrell Firm, Jacksonville, for Curtis Whitehouse, Appellee/Cross Appellant.
No Appearance for Arlinson Chilito, Appellee/Cross Appellant.
February 14, 2025
PER CURIAM. The direct appeal is affirmed in all respects as is the cross- appeal in all respects with regard to the nature and amount of attorney’s fees which were awarded below to Curtis Whitehouse. We find that the issues initially raised on cross-appeal by Curtis Whitehouse regarding awarding the interest and reasonable costs sought by Whitehouse were rendered moot, once an agreement was reached between the parties as to the outstanding amounts owed and Progressive Select Insurance Company paid same, which was after Whitehouse filed his initial notice of cross-appeal. Accordingly, that aspect of the cross-appeal is dismissed as moot.
AFFIRMED, in part; and DISMISSED as MOOT, in part.
EDWARDS C.J., and LAMBERT and HARRIS, JJ., concur.
_____________________________
Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331. _____________________________
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