19 Fla. L. Weekly Supp. 802a
Online Reference: FLWSUPP 1910CUNIInsurance — Personal injury protection — Attorney’s fees — Reversal of underlying judgment requires reversal of fee award
UNITED AUTOMOBILE INSURANCE COMPANY, Appellant, vs. TOWER HEALTH CENTER, A/A/O MORAIMA CUNI, Appellee. Circuit Court, 11th Judicial Circuit (Appellate) in and for Miami-Dade County. Case No. 11-127 AP. L.C. Case No. 07-14376 SP 25. June 21, 2012. On appeal from the County Court for Miami-Dade County. Jacqueline Schwartz, Judge. Counsel: Thomas L. Hunker, for Appellant. Chelin V. Sampedro, for Appellee.
(Before SHAPIRO, BROWN, CYNAMON, JJ.)
(PER CURIAM.) United Automobile Insurance Company appeals a fee award case in a Personal Injury Protection (PIP) case in favor of the insured’s Assignee, Tower Health Center, based on an underlying judgment against United, the Insurer. Moraima Cuni is the Insured.
The trial court entered judgment against the Insurer in the underlying PIP case. The Assignee sought and was awarded attorney’s fees. On appeal, the underlying judgment was reversed in United Automobile Ins. Co. v. Tower Health Center a/a/o Moraima Cuni, 18 Fla. L. Weekly Supp. 1067a (Fla. 11th Cir. Ct. 2011). As conceded in Appellee’s answer brief, it is well established that reversal of the underlying judgment requires the reversal of the statutory fee award. Marty v. Bainter, 727 So. 2d 1124 (Fla. 1st DCA 1999) [24 Fla. L. Weekly D695a]. Since the underlying judgment was reversed, the fee award is hereby REVERSED. (SHAPIRO, BROWN, CYNAMON, JJ., concur.)
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