CITIZENS PROPERTY INSURANCE CORP. v. THOMAS UEBERSCHAER
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IN THE DISTRICT COURT OF APPEAL
FIRST DISTRICT, STATE OF FLORIDA
CITIZENS PROPERTY INSURANCE
CORPORATION,
NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED
Appellant,
CASE NO. 1D06-0291
v.
THOMAS UEBERSCHAER,
Appellee.
_____________________________/
Opinion filed May 21, 2008.
An appeal from the Circuit Court for Santa Rosa County.
R.V. Swanson, Judge.
G. Alan Howard and Robert M. Dees of Milam, Howard, Nicandri, Dees & Gillam,
P.A., Jacksonville, for Appellant.
Eric P. Sventek of Thomas J. Ueberschaer, P.A., Pensacola; Louis K. Rosenbloum of
Louis K. Rosenbloum, P.A., Pensacola, for Appellee.
UPON REMAND FROM THE FLORIDA SUPREME COURT
PER CURIAM.
Pursuant to the Florida Supreme Court’s mandate in Citizens Property
Insurance Corp. v. Ueberschaer, 33 Fla. L. Weekly S223 (Fla. Mar. 28, 2008), which
quashed and remanded our opinion in Citizens Property Insurance Corp. v.
Ueberschaer, 956 So. 2d 483 (Fla. 1st DCA 2007), we have reconsidered the merits
of this case under the principles announced in Florida Farm Bureau Casualty
Insurance Co. v. Cox, 967 So. 2d 815 (Fla. 2007). Accordingly, the final summary
judgment issued in favor of Appellee, Thomas Ueberschaer, is reversed, and this
matter is remanded for further proceedings consistent with the Florida Supreme
Court’s decision in Cox. This reversal necessarily requires us to vacate our previous
order partially granting Appellee’s motion for appellate attorney’s fees. Appellee’s
motion for appellate attorney’s fees is hereby denied.
REVERSED and REMANDED.
PADOVANO, LEWIS, and THOMAS, JJ., CONCUR.
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