Advanced Chiropractic & Rehab. Ctr. v. United Auto. Ins. Co.
Annotate this CasePlaintiff-corporation filed a lawsuit against Defendant-insurer for personal injury protection benefits. The parties settled the case, and the trial court entered an order of dismissal with prejudice. After the attorney for Plaintiff learned of the dismissal order, he moved to vacate the order of dismissal based on excusable neglect so that he could file his motion for attorney’s fees. The county court vacated the initial dismissal, but the circuit court reversed and reinstated the order of dismissal. Plaintiff filed a petition for common law certiorari. The Fourth District Court of Appeal granted the petition and quashed the decision of the circuit court. Plaintiff subsequently filed a motion for attorney’s fees. The Fourth District denied the motion on the basis of the Supreme Court’s holding in Stockman v. Downs, concluding that because Plaintiff did not request fees in the petition or reply, the motion was untimely. The Supreme Court quashed the decision below to the extent it held that, pursuant to Stockman, a request for attorney’s fees in Fla. R. App. P. 9.100 original proceedings must be made in the petition, a response, or a reply. Remanded.
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