STATE FARM FIRE v. REMBRANDT MOBILE

No. 4D12-2169.

93 So.3d 1161 (2012)

STATE FARM FIRE AND CASUALTY COMPANY, Petitioner, v. REMBRANDT MOBILE DIAGNOSTICS, INC. a/a/o Nerece Francois, Respondent.

District Court of Appeal of Florida, Fourth District.

August 1, 2012.


Attorney(s) appearing for the Case

Nancy W. Gregoire of Kirschbaum, Birnbaum, Lippman & Gregoire, PLLC, Fort Lauderdale and Matthew D. Hellman of Matt Hellman, P.A., Plantation, for petitioner.

Marlene S. Reiss of Marlene S. Reiss, P.A., Miami, for respondent.


PER CURIAM.

In this petition for second-tier certiorari, the petitioner argues that the circuit court, in its appellate capacity, departed from the essential requirements of the law in denying the petitioner's motion for entitlement to recover a conditional award of appellate costs and attorney's fees under the proposal for settlement statute, section 768.79, Florida Statutes (2011). We agree and grant the petition.

In the appellate proceedings before the...

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