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STATE FARM MUTUAL AUTOMOBILE INS. CO. v. MOTION X-RAY, INC.

No. 5D02-766.

823 So.2d 312 (2002)

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Petitioner, v. MOTION X-RAY, INC., etc., Respondent.

District Court of Appeal of Florida, Fifth District.

August 16, 2002.

Attorney(s) appearing for the Case

Dorothy C. Venable and Betsy E. Gallagher, of Gallagher & Howard, P.A., Tampa, and Donald J. Masten and Rebecca L. Bench of Rissman, Weisberg, Barrett, Hurt, Donahue & McLain, P.A., Orlando, for Petitioner.

Peter A. Shapiro of The Law Offices of Peter A. Shapiro, Orlando, for Respondent.

PLEUS, J.

We dismiss the petition for writ of certiorari because the underlying action has been dismissed by the parties below. However, we remand for the lower court to determine if the petitioner is entitled to appellate attorney's fees under section 768.79, Florida Statutes, and if so. to determine the proper amount. See Williams v. Brochu, 578 So.2d 491 (Fla. 5th DCA 1991), abrogated on other grounds, White v. Steak...

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