30 Fla. L. Weekly D1677b

Attorney’ fees — Insurance — Question certified whether in light of the Supreme Court’s decision in Sarkis, a multiplier may be applied to enhance an award of attorney’s fees granted under a fee-shifting statute such as section 627.428, Florida Statutes (2002)

PROGRESSIVE AUTO PRO INSURANCE COMPANY, Petitioner, v. WYNNE CHIROPRACTIC, INC. ETC., Respondent. 5th District. Case No. 5D05-1225. Opinion filed July 8, 2005. Petition for Certiorari Review of Decision from the Circuit Court for Seminole County Acting in its Appellate Capacity. Counsel: Douglas H. Stein, of Anania, Bandklayder, Blackwell, Baumgarten, Torricella & Stein, Miami, for Petitioner. V. Rand Saltsgaver, of Law Offices of V. Rand Saltsgaver, Orlando, for Respondent.

(PER CURIAM.) We deny the Petition for Writ of Certiorari based on our decisions in Holiday v. Nationwide Mutual Fire Insurance, 864 So. 2d 1215 (Fla. 5th DCA 2004), and Bluegrass Art Cast, Inc. v. Consolidated Erection Services, Inc., 870 So. 2d 196 (Fla. 5th DCA 2004); however, as we did in those cases, we certify to the Supreme Court of Florida the same question:

In light of the Supreme Court’s decision in Sarkis, may a multiplier be applied to enhance an award of attorney’s fees granted under a fee-shifting statute such as section 627.428, Florida Statutes (2002)?

PETITION DENIED; QUESTION CERTIFIED. (GRIFFIN, THOMPSON and MONACO, JJ., concur.)