Home/District Court of Appeal of Florida/State Farm Mutual Automobile Insurance v. Motion X-Ray, Inc.

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

823 So. 2d 312, 2002 Fla. App. LEXIS 11652, 2002 WL 1875755
CourtDistrict Court of Appeal of Florida
DecidedAugust 16, 2002
DocketNo. 5D02-766
StatusPublished

This text of 823 So. 2d 312 (State Farm Mutual Automobile Insurance v. Motion X-Ray, Inc.) 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.

Bluebook
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).

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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Related

Williams v. Brochu
578 So. 2d 491 (District Court of Appeal of Florida, 1991)
White v. Steak and Ale of Florida, Inc.
816 So. 2d 546 (Supreme Court of Florida, 2002)

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Bluebook (online)
823 So. 2d 312, 2002 Fla. App. LEXIS 11652, 2002 WL 1875755, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-farm-mutual-automobile-insurance-v-motion-x-ray-inc-fladistctapp-2002.