State Farm Mutual Automobile Insurance Co. v. Caribbean Rehabilitation Center, Inc.
State Farm prevailed in county court on a PIP-type claim and obtained a section 768.79 fee award, then prevailed again in the circuit court appellate division, which denied its motion for appellate attorney's fees without explanation. On second-tier certiorari, the Third District quashed, holding that where entitlement to section 768.79 fees has been established in the trial court, the circuit court sitting in its appellate capacity departs from the essential requirements of law by failing to conditionally grant appellate fees under the same statute.
Key facts
- State Farm obtained a judgment in county court on a PIP claim against Caribbean Rehabilitation Center and was awarded attorney's fees under section 768.79.
- State Farm prevailed again when the circuit court appellate division affirmed the county court judgment.
- +2 more key facts with a free trial
Why it matters
This gives insurers and other PFS-prevailing parties a direct, citable route to second-tier certiorari when the circuit court appellate division silently denies appellate fees under section 768.79. It confirms that… — full analysis with a trial
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