State Farm Mutual Automobile Insurance v. Motion X-Ray, Inc.

District Court of Appeal of Florida

State Farm Mutual Automobile Insurance v. Motion X-Ray, Inc.

823 So. 2d 312, 2002 Fla. App. LEXIS 11652, 2002 WL 1875755

District Court of Appeal of Florida·Decided August 16, 2002·No. No. 5D02-766·Published

Opinion

PLEUS, J.

We dismiss the petition for writ of certiorari because the underlying action has been dismissed by the parties below. However, we remand for the lower court to determine if the petitioner is entitled to appellate attorney’s fees under section 768.79, Florida Statutes, and if so, to determine the proper amount. See Williams v. Brochu, 578 So.2d 491 (Fla. 5th DCA 1991), abrogated on other grounds, White v. Steak and Ale of Florida, Inc., 816 So.2d 546 (Fla.2002).

PETITION DISMISSED; REMANDED FOR DETERMINATION OF APPELLATE ATTORNEY’S FEES ISSUE.

SAWAYA and ORFINGER, R.B., JJ, concur.

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PLEUS, J.

We dismiss the petition for writ of certiorari because the underlying action has been dismissed by the parties below. However, we remand for the lower court to determine if the petitioner is entitled to appellate attorney’s fees under section 768.79, Florida Statutes, and if so, to determine the proper amount. See Williams v. Brochu, 578 So.2d 491 (Fla. 5th DCA 1991), abrogated on other grounds, White v. Steak and Ale of Florida, Inc., 816 So.2d 546 (Fla.2002).

PETITION DISMISSED; REMANDED FOR DETERMINATION OF APPELLATE ATTORNEY’S FEES ISSUE.

SAWAYA and ORFINGER, R.B., JJ, concur.

State Farm Mutual Automobile Insurance v. Motion X-Ray, Inc., 823 So. 2d 312, 2002 Fla. App. LEXIS 11652, 2002 WL 1875755 (Fla. Ct. App. 2002).

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Opinion

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