SAWGRASS MUTUAL INSURANCE COMPANY v. MONE (2018)

District Court of Appeal of Florida, Fifth District.

SAWGRASS MUTUAL INSURANCE COMPANY, Appellant, v. Terry MONE and Diane Mone, Appellees.

Case No. 5D15–3061

Decided: May 18, 2018

Jack R. Reiter and Robert D. Peters, of GrayRobinson, P.A., Miami, for Appellant. Mark A. Nation and Paul W. Pritchard, of The Nation Law Firm, Longwood, for Appellees.

UPON REMAND FROM THE FLORIDA SUPREME COURT

Our prior opinion of September 2, 2016, was disapproved by the Florida Supreme Court “to the extent it is inconsistent with [the Florida Supreme] Court's opinion in Joyce v. Federated Nat'l Ins. Co., 228 So.3d 1122 (Fla. 2017),” and the case was remanded to this court “for instructions not inconsistent with th[e] Court's opinion in Joyce.” See Mone v. Sawgrass Mut. Ins. Co., 43 Fla. L. Weekly S185, 2018 WL 1895708 (Fla. Apr. 20, 2018). Upon reconsideration, we affirm the final judgment awarding attorney's fees, including the trial court's application of a multiplier to the attorney's fees award. Based upon Appellees' prior concession of error, we reverse the award of $26,918.43 in court costs regarding the services provided by two of Appellees' expert witnesses, Nettles & Associates and Reliable Field Services of Central Florida, Inc. On remand, the trial court is directed to strike this amount from the final judgment.

AFFIRMED in part; REVERSED in part; and REMANDED, with instructions.

PER CURIAM.

COHEN, C.J., LAMBERT, J., and LEMONIDIS, R.C., Associate Judge, concur.

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