Third District Court of Appeal
State of Florida
Opinion filed December 10, 2014.
Not final until disposition of timely filed motion for rehearing.
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No. 3D14-1625
Lower Tribunal No. 11-712 AP, 12-197 AP
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Hialeah Medical Associates, Inc., etc.,
Petitioner,
vs.
United Automobile Insurance Company,
Respondent.
A Writ of Certiorari to the Circuit Court for Miami-Dade County, Bertila
Soto, Stanford Blake and Reemberto Diaz, Judges.
Marlene S. Reiss, for petitioner.
Michael J. Neimand, General Counsel for United Automobile Insurance
Company, respondent.
Before SHEPHERD, C.J., and SUAREZ and SALTER, JJ.
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.
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