A. CARLO GUADAGNO, D.C., P.A. v. UNITED AUTOMOBILE INS. CO.

No. 3D11-1419.

88 So.3d 246 (2011)

A. CARLO GUADAGNO, D.C., P.A., d/b/a West Kendall Chiropractic Center (a/ a/o Ines Patino), Petitioner, v. UNITED AUTOMOBILE INSURANCE COMPANY, Respondent.

District Court of Appeal of Florida, Third District.

October 19, 2011.


Attorney(s) appearing for the Case

Marlene S. Reiss , Miami, for petitioner.

Lara J. Edelstein , for respondent.

Before SHEPHERD and EMAS, JJ., and SCHWARTZ, Senior Judge.


EMAS, J.

Upon review of the petition and the response, this Court grants the petition for writ of certiorari and quashes the circuit court's order denying West Kendall Chiropractic Center's motion for appellate attorney's fees. Respondent concedes, and we agree, that the circuit court, acting in its appellate capacity, should have awarded petitioner appellate attorney's fees, pursuant to section 627.428(1), Florida Statutes (1982), conditioned upon petitioner prevailing...

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