11 Fla. L. Weekly Supp. 1041b
Attorney’s fees — Insurance — Personal injury protection — Trial court is directed to vacate order awarding attorney’s fees to medical provider where underlying judgment in favor of provider was reversed on appeal
STATE FARM FIRE AND CASUALTY CO., Appellant, vs. WEST DIXIE REHABILITATION MEDICAL CENTER, a/a/o LOUISA PONTHIEUX, Appellee. Circuit Court, 11th Judicial Circuit (Appellate) in and for Miami-Dade County. Case No. 03-681 AP. L.T. Case No. 01-2508 CC 05. September 14, 2004. An Appeal from the County Court in and for Miami-Dade County, Roger A. Silver, Judge. Counsel: Nancy W. Gregorie, Jonathan S. Brooks, and Elizabeth E. Daugherty, Bunnell, Woulfe, Kirschbaum, McIntyre & Gregorie, P.A., for Appellant. Randy W. Weber, P.A., and Philip D. Parrish, for Appellee.
(PER CURIAM.) In a suit for PIP benefits against State Farm Fire and Casualty, West Dixie Rehabilitation originally prevailed in the trial court. However, in case no. 02-394 AP, this court reversed the award for West Dixie and directed the lower court to enter judgment for State Farm. While that appeal was pending, West Dixie moved for and was awarded attorney’s fees in the trial court. State Farm moved to vacate the fee award on the ground it had not received timely notice of the motion for fees. The trial court denied State Farm’s motion to vacate and State Farm now appeals that denial.
Because the reversal of the underlying case rendered null any subsequent decision of the trial court predicated upon the reversed order, we direct the trial court to grant State Farm’s motion to vacate the fee award. “The reversal of the summary judgment . . . necessarily requires that the order assessing costs be also reversed.” Goldstein v. Acme Concrete Corp.,103 So. 2d 202, 205 (Fla. 1958). An award of attorneys’ fees must be reversed where the underlying judgment has been reversed. Wagner v. Uthoff,868 So. 2d 617, 618 (Fla. 2d DCA 2004); Fraser-Watson v. Maxim Healthcare Servs.,849 So. 2d 1201 (Fla. 4th DCA 2003); Rockledge Mall Assocs., Ltd. v. Custom Fences of Brevard, Inc., 779 So. 2d 558, 559 (Fla. 5th DCA 2001); ARC Foods, Inc. v. MGI Properties, 746 So. 2d 514, 514 (Fla. 2d DCA 1999); Marty v. Bainter, 727 So. 2d 1124, 1125 (Fla. 1st DCA 1999); and Nathanson v. Houss, 717 So. 2d 114, 117 (Fla. 4th DCA 1998).
In light of the opinion in appellate case number 02-394, a copy of which is attached [11 Fla. L. Weekly Supp. 788b], the court REVERSES the order appealed from and REMANDS this cause with instructions to grant Appellant’s motion to vacate the attorney’s fees award. (FARINA, C.J. and SMITH and ROTHENBERG, JJ., concur.)
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