Hialeah Medical Associates, Inc. v. United Automobile Insurance Co.
Docket: No. 3D14-1625
Court: District Court of Appeal of Florida; December 9, 2014; Florida; State Appellate Court
United Automobile Insurance Company conceded that Hialeah Medical Associates, Inc. was entitled to appellate attorney fees as the prevailing party under section 627.428(1) of the Florida Statutes, supported by established case law. The court identified a significant legal error in failing to conditionally award attorney fees to the prevailing party. As a result, certiorari is granted, the portion of the prior opinion denying appellate attorney fees is quashed, and the case is remanded to the circuit court’s appellate division to determine the amount of attorney fees to be awarded, contingent upon Hialeah Medical Associates prevailing in the underlying case.