Advanced Chiropractic and Rehabilitation Center, Corporation v. United Automobile Insurance…

Summary

The court held that the appellate rule governing the timing of attorney-fee motions in ordinary appeals does not apply to original writ proceedings. Because the rules provide no specific deadline for fee requests in such proceedings, the general appellate-motion rule applies, and Advanced's motion filed six days after prevailing on the writ was timely. The court quashed the contrary decision and remanded for determination of the fee amount. POLSTON, C.J., dissenting, would have discharged jurisdiction because no express and direct conflict existed.