Narrative Opinion Summary
The Third District Court of Appeal of Florida issued an opinion on September 15, 2021, in case No. 3D21-169, involving United Automobile Insurance Company (Appellant) against Life Medical Center Corp. a/a/o Alma A. Guevara (Appellee). The appeal originated from the County Court for Miami-Dade County, presided over by Judge Lawrence D. King. The Appellee confessed error based on a precedent set in United Automobile Insurance Company v. Professional Medical Group, Inc., which determined that a trial court erred by awarding attorney’s fees without an evidentiary hearing to assess their reasonableness. Consequently, the appellate court reversed the lower court's order and remanded the case for an evidentiary hearing on attorney’s fees. The decision was rendered by Judges Hendon, Miller, and Bokor.
Legal Issues Addressed
Requirement for Evidentiary Hearing on Attorney's Feessubscribe to see similar legal issues
Application: The appellate court applied the precedent that an evidentiary hearing is necessary to determine the reasonableness of attorney's fees before they are awarded.
Reasoning: The Appellee confessed error based on a precedent set in United Automobile Insurance Company v. Professional Medical Group, Inc., which determined that a trial court erred by awarding attorney’s fees without an evidentiary hearing to assess their reasonableness.
Reversal of Lower Court's Order Due to Procedural Errorsubscribe to see similar legal issues
Application: The appellate court reversed the lower court's order due to the lack of an evidentiary hearing, highlighting the procedural necessity of such a hearing in the determination of attorney's fees.
Reasoning: Consequently, the appellate court reversed the lower court's order and remanded the case for an evidentiary hearing on attorney’s fees.