GEICO INDEMNITY COMPANY GEICO v. PEREZ (2019)

District Court of Appeal of Florida, Third District.

GEICO INDEMNITY COMPANY and GEICO General Insurance Company, Appellants, v. Ricardo PEREZ and Luz Perez, etc., Appellees.

Nos. 3D18-208, 3D18-629

Decided: May 22, 2019

Before FERNANDEZ, LINDSEY, and HENDON, JJ.

Shutts & Bowen LLP, and Suzanne Youmans Labrit, B.C.S. (Tampa) and Amy M. Wessel (Fort Lauderdale), for appellants. The Powell Law Firm, P.A., and Brett C. Powell; Silverstein, Silverstein & Silverstein, P.A., for appellees.

CONFESSION OF ERROR

As the appellees properly concede, the attorney's fees and costs judgments at issue in these consolidated appeals must be reversed. In GEICO Indemnity Co. v. Perez, 260 So.3d 342 (Fla. 3d DCA 2018), this Court reversed the underlying final judgment as to uninsured/underinsured motorist coverage and remanded for a new trial. Therefore, the attorney's fees and costs judgments that were predicated on the reversed final judgment cannot stand. See City of Hollywood v. Witt, 939 So.2d 315, 319 (Fla. 4th DCA 2006) (recognizing that “where an award of attorney's fees is dependent upon the judgment obtained, the reversal of the underlying judgment necessitates the reversal of the fee award”); Marty v. Bainter, 727 So.2d 1124, 1125 (Fla. 1st DCA 1999) (“Once a final judgment is reversed and remanded by an appellate court, there can be no prevailing party for purposes of an award of prevailing party attorney's fees. Consequently, an award of attorney's fees and costs predicated on a reversed or vacated final judgment also must be reversed”).

Reversed.

HENDON, J.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network