Burneo v. United Automobile Insurance Co.
In a second-tier certiorari proceeding arising from a PIP suit, the Third DCA denied review of the circuit court's per curiam affirmance of the denial of a motion to enforce a settlement (mere legal error is not reviewable on second-tier certiorari), but quashed the circuit court's order conditionally granting United Auto appellate attorney's fees 'conditioned upon prevailing below.' Because the fee motion rested on a proposal for settlement rather than a prevailing-party provision, entitlement had to be conditioned on the trial court's determination that section 768.79 and rule 1.442 were strictly satisfied.
Key facts
- Burneo brought a personal injury protection (PIP) suit against United Automobile Insurance Co., and United Auto filed a proposal for settlement; the trial court denied Burneo's motion to enforce the settlement, and the circuit court affirmed per curiam.
- United Auto moved for appellate attorney's fees on appeal, and the circuit court conditionally granted the motion conditioned upon United Auto prevailing below.
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Why it matters
Useful for practitioners litigating appellate fee entitlement in county-court PIP and other small-value appeals: an order awarding appellate fees based on a proposal for settlement must be conditioned on trial-court… — full analysis with a trial
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