12 Fla. L. Weekly Supp. 131a
Attorney’s fees — Insurance — Personal injury protection — Where final judgment on merits of PIP suit has been reversed, award of fees and costs in case must also be reversed
SOUTHERN GROUP INDEMNITY, INC., Appellant, v. NORMAN WILLIAMS, Appellee. Circuit Court, 17th Judicial Circuit (Appellate) in and for Broward County. Case No. 04-5375 CACE (02). September 10, 2004. Victor Tobin, Judge. Counsel: David B. Pakula, Weston. Carlos Rodriguez, Ft. Lauderdale. Alan Sackrin, Hallendale. Chris Boyar,.
OPINION
The Appellant, Southern Group Indemnity, Inc., seeks review of a final judgment awarding attorney’s fees and costs in the amount of $9,532.66 in favor the appellee, Norman Williams. The award of fees and costs was predicated on a final judgment awarding Mr. Williams PIP insurance benefits. Southern Group appealed from that final judgment, and the appeal was assigned to a different division of this court, case no. 03-10042 CACE (11), Judge Goldstein.
On June 10, 2004, Judge Goldstein entered an opinion reversing the final judgment and remanding the case to the county court for further proceedings. By virtue of the reversal in case no. 03-10042, the basis for an award of fees and costs no longer exists. Therefore, the final judgment awarding fees and costs must be reversed.
Accordingly, the final judgment awarding attorney’s fees and costs is REVERSED.
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