UNITED AUTO. INS. v. GIBSON, M.D., P.A.

No. 4D22-1186.

355 So.3d 955 (2023)

UNITED AUTOMOBILE INSURANCE COMPANY, Appellant, v. Xunda A. GIBSON, M.D., P.A. d/b/a Premier Urgent Care Center a/a/o Jean Baptiste Ochelin, Appellee.

District Court of Appeal of Florida, Fourth District.

[February 15, 2023.]


Attorney(s) appearing for the Case

Michael J. Neimand , House Counsel of United Automobile Insurance Company, Miami, for appellant.

David B. Pakula of David B. Pakula P.A., Pembroke Pines , Abraham Ovadia of Ovadia Law Group, Boca Raton , and Mac S. Phillips of Phillips Tadros, P.A., Fort Lauderdale, for appellee.


United Automobile Insurance Company ("Insurer") appeals a final judgment awarding attorney's fees and costs to Xunda Gibson, M.D. ("Doctor"). At issue is whether the trial court abused its discretion in awarding pre-suit attorney's fees for time spent prior to the underlying suit being filed. We hold this was error and reverse...

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