Supreme Court of Florida
Advanced Chiropractic and Rehabilitation Center, Corporation v. United Automobile Insurance…
May 29, 201439 Fla. L. Weekly Supp. 360
Summary
The court held that the deadline and pleading requirements in Florida Rule of Appellate Procedure 9.400(b) do not govern attorney-fee requests made in original proceedings under rule 9.100. Because rule 9.300 applies instead, Advanced timely requested fees by motion after prevailing in the writ proceeding, and the district court erred by requiring the request to appear in the petition, response, or reply. The court quashed the decision below and remanded for determination of the fee amount. POLSTON, C.J., dissenting, would have discharged review because the required express and direct conflict jurisdiction was absent.