Narrative Opinion Summary
The District Court of Appeal of Florida, Fifth District, addressed the appeal of Sawgrass Mutual Insurance Company against Terry and Diane Mone. Following a remand from the Florida Supreme Court, which disapproved the court's prior opinion from September 2, 2016, the appellate court affirmed the final judgment that awarded attorney's fees, including the application of a multiplier to those fees, consistent with the Supreme Court’s ruling in Joyce v. Federated Nat’l Ins. Co. However, the appellate court reversed the award of $26,918.43 in court costs related to services provided by two expert witnesses, as the appellees had conceded this error. The trial court is instructed to remove this amount from the final judgment. The decision is affirmed in part, reversed in part, and remanded for specific instructions. All judges concurred in the decision.
Legal Issues Addressed
Attorney's Fees and Application of Multipliersubscribe to see similar legal issues
Application: The appellate court affirmed the award of attorney's fees, including the application of a multiplier, in accordance with the Florida Supreme Court's ruling in Joyce v. Federated Nat’l Ins. Co.
Reasoning: Following a remand from the Florida Supreme Court, which disapproved the court's prior opinion from September 2, 2016, the appellate court affirmed the final judgment that awarded attorney's fees, including the application of a multiplier to those fees, consistent with the Supreme Court’s ruling in Joyce v. Federated Nat’l Ins. Co.
Remand for Correction of Judgmentsubscribe to see similar legal issues
Application: The appellate court remanded the case with instructions for the trial court to amend the final judgment by removing the incorrect court costs.
Reasoning: The trial court is instructed to remove this amount from the final judgment.
Reversal of Award for Court Costssubscribe to see similar legal issues
Application: The appellate court reversed the award of court costs for services provided by two expert witnesses, acknowledging the appellees' concession of error.
Reasoning: However, the appellate court reversed the award of $26,918.43 in court costs related to services provided by two expert witnesses, as the appellees had conceded this error.