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UNITED AUTO. INS. CO. v. LOPEZ

No. 3D08-1998.

7 So.3d 583 (2009)

UNITED AUTOMOBILE INSURANCE COMPANY, Petitioner, v. Ramiro LOPEZ, Respondent.

District Court of Appeal of Florida, Third District.

March 11, 2009.

Attorney(s) appearing for the Case

Lara J. Edelstein, Office of General Counsel/Trial Division, for petitioner.

Mark J. Feldman, Miami, for respondent.

Before SHEPHERD, CORTIÑAS, and SALTER, JJ.

SHEPHERD, J.

This is a second-tier certiorari case in which United Automobile Insurance Company (United) seeks certiorari review of a circuit court appellate division order granting Appellee below, Ramiro Lopez, statutory appellate attorney fees in that court on the authority of section 627.428 of the Florida Statutes (2008), despite the fact he did not prevail. The order represents a departure from clearly established law. For this reason, we grant the petition....

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