Progressive Select Insurance Company, Appellant/Cross-Appellee, v. Curtis Whitehouse and Arlinson Chilito, Appellee/Cross-Appellant. (2025)

District Court of Appeal of Florida, Fifth District.

Progressive Select Insurance Company, Appellant/Cross-Appellee, v. Curtis Whitehouse and Arlinson Chilito, Appellee/Cross-Appellant.

Case Nos. 5D2023-2271, 5D2023-3521

Decided: February 14, 2025

Scott A. Cole, Kurt T. Koehler, and Francesca M. Stein, of Cole, Scott & Kissane, P.A., Miami, and Joseph T. Kissane and Victoria M. Merritt, Jacksonville, for Appellant/Cross Appellee. Jessie L. Harrell, of The Harrell Firm, Jacksonville, for Curtis Whitehouse, Appellee/Cross Appellant. No Appearance for Arlinson Chilito, Appellee/Cross Appellant.

The direct appeal is affirmed in all respects as is the cross-appeal in all respects with regard to the nature and amount of attorney's fees which were awarded below to Curtis Whitehouse. We find that the issues initially raised on cross-appeal by Curtis Whitehouse regarding awarding the interest and reasonable costs sought by Whitehouse were rendered moot, once an agreement was reached between the parties as to the outstanding amounts owed and Progressive Select Insurance Company paid same, which was after Whitehouse filed his initial notice of cross-appeal. Accordingly, that aspect of the cross-appeal is dismissed as moot.

Affirmed, in part; and Dismissed as Moot, in part.

Per Curiam.

Edwards C.J., and Lambert and Harris, JJ., concur.

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