13 Fla. L. Weekly Supp. 128d
Insurance — Attorney’s fees — Appeals — Where appeal of amount of attorney’s fees award was abated pending appeal of underlying action, and appeal of underlying action has resulted in affirmance, appeal of fee award is dismissed as moot
UNITED AUTOMOBILE INSURANCE COMPANY, Appellant, v. STAT TECHNOLOGIES INC., a/a/o MARCIA HOGLO, Appellee. Circuit Court, 17th Judicial Circuit (Appellate) in and for Broward County. Case No. 04-10766 CACE (05). November 10, 2005. Counsel: Russel M. Lazega, Law Office of Russel Lazega, North Miami. Michael J. Neimand.
ORDER
(RICHARD D. EADE, J.) THIS CAUSE comes before the Court, sua sponte, and the Court having reviewed the record and being otherwise advised in the premises finds and decides as follows:
1. On July 28, 2004, Appellant, United Automobile Insurance Company, filed a Motion to Abate in the above styled case. The sole issue on appeal in this matter was the amount of attorney’s fees awarded to Appellee, Stat Technologies Inc., a/a/o Marcia Holgo, in the underlying action for Declaratory Relief.
2. An appeal of the underlying action was filed in Case Number 03-21441 CACE 18. Since Appellant asserted a successful appeal would result in a reversal of the fee order and likewise, an unsuccessful appeal would result in the fee order being affirmed, the validity of the attorney’s fee award was dependent upon the resolution of the appeal in Case Number 03-21441.
3. Pursuant to this Court granting Appellant’s Motion to Abate, the instant appeal was held in abeyance until the appeal in Case Number 03-21441 became final.
4. A thorough review of the record indicates the appeal in Case Number 03-21441 is now final. The Order of the trial court was affirmed on or about April 14, 2005, Appellant’s subsequent Motion for Rehearing was denied on or about October 5, 2005, and thereafter, a mandate was issued.
Accordingly, it is hereby
ORDERED AND ADJUDGED that the Order Granting Motion to Abate is no longer in effect, and the appeal of the award of attorney’s fees in the above styled case is DISMISSED as moot.
* * *
