17 Fla. L. Weekly Supp. 616a
Online Reference: FLWSUPP 1708LEB2Attorney’s fees — Insurance — Personal injury protection — Where order granting summary judgment in favor of medical provider was reversed on appeal, order awarding attorney’s fees to provider must also be reversed
UNITED AUTOMOBILE INSURANCE COMPANY, Defendant/Appellant, v. PARTNERS IN HEALTH, INC., a/a/o NEOCLES LEBRUN, Plaintiff/Appellee. Circuit Court, 11th Judicial Circuit (Appellate) in and for Miami-Dade County. Case No. 08-169 AP. L.C. Case No. 05-11261 CC-05. April 15, 2010. Counsel: Michael Neimand, Coral Gables. Dean Mitchell, Ocala. Richard Doherty, Miami.
(Before Kreeger, Gross and Emas, JJ.)
(PER CURIAM.) THIS CAUSE involves the appeal of an order awarding attorney’s fees as a result of Appellee obtaining summary judgment in the trial court in an underlying action for Personal Injury Protection (PIP) benefits. Appellant separately appealed the summary judgment and the attorney’s fee order, but neither party sought to consolidate the two related appeals.1
On July 17, 2008 the parties filed an Agreed Motion to Abate the instant action, acknowledging in the motion that the “only issue in this appeal is the amount of attorney’s fees awarded to Appellee as a result of it being the prevailing party in the underlying action for PIP benefits.” The parties sought an abatement of this appeal until the conclusion of the appeal of the related underlying PIP action.
The Court granted the Agreed Motion and abated the action by Order entered July 22, 2008.
In the underlying PIP action, this Court reversed the trial court’s order granting summary judgment. See United Auto Ins. Co. v. Partners in Health, Inc., a/a/o Neocles Lebrun, 15 Fla. L. Weekly Supp. 776 (11th Circ. App., June 5, 2008). Appellee filed a petition for writ of certiorari with the Third District Court of Appeal. That petition was denied on the merits. See Partners in Health, Inc., a/a/o Neocles Lebrun v. United Auto Ins. Co. . 21 So.2d 858 (Fla. 3d DCA 2009). No further review was sought by Appellee, and the appeal in the underlying action is final.
Because the trial court’s order granting summary judgment was reversed, and the cause remanded to the trial court, the trial court’s related order awarding attorney’s fees to Appellee must likewise be reversed.
The trial court’s order awarding attorney’s fees to Appellee is reversed and this cause remanded for proceedings consistent herewith.
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1The lower court case number (for both appeals) is 05-11261 CC05. The appellate case number for the underlying PIP claim is 06-628 AP.
