Hollywood Injury Rehab Center v. United Automobile Insurance Co.
Docket: No. 3D08-1112
Court: District Court of Appeal of Florida; July 16, 2008; Florida; State Appellate Court
Petitioner Hollywood Injury Rehab Center seeks a Writ of Certiorari to overturn a circuit court appellate division order that denied its motion for attorney’s fees after prevailing against United Automobile Insurance Company in a personal injury protection benefits lawsuit. The county court had granted summary judgment in favor of Hollywood Center, which was subsequently affirmed by the circuit court. Following this, Hollywood Center filed for attorney’s fees under section 627.428, Florida Statutes, which mandates fee awards for prevailing parties against insurers. The circuit court denied this motion, leading to the current petition. United Auto conceded that Hollywood Center was entitled to attorney’s fees as the prevailing party. The court emphasized that Florida law requires the award of fees in such circumstances and that the circuit court’s failure to grant the motion constituted a departure from essential legal requirements. Consequently, the petition is granted, the lower order is quashed, and the case is remanded with directions to award Hollywood Center the requested attorney’s fees. Jurisdiction for certiorari was confirmed under Florida Rule of Appellate Procedure 9.030(b)(2)(B).