MAROTTO v. FERCO MOTORS CORPORATION (2020)

District Court of Appeal of Florida, Third District.

Marisol M. MAROTTO and Rebecca J. Covey, Petitioners, v. FERCO MOTORS CORPORATION and The Law Offices of La Ley con John H. Ruiz, P.A., Respondents.

No. 3D19-1255

Decided: January 15, 2020

Before SALTER, LINDSEY, and HENDON, JJ.

Conroy Simberg, and Diane H. Tutt (Hollywood), for petitioners. MSP Recovery Law Firm and Christine M. Lugo, Miami, for respondents.

Based on our standard of review on a petition for second-tier certiorari, our inquiry is limited to determining whether the circuit court afforded procedural due process and whether the circuit court applied clearly established law. Custer Med. Ctr. v. United Auto. Ins. Co., 62 So. 3d 1086 (Fla. 2010). We quash the Circuit Court appellate opinion insofar as it awarded appellate attorney's fees and costs to the respondents, Ferco Motors Corporation and The Law Offices of La Ley Con John H. Ruiz, P.A., pursuant to section 501.2105, Florida Statutes (2018). The respondents did not prevail on any issue in the appeal and, under settled law, they are not entitled to appellate attorney's fees or costs. See United Auto. Ins. Co. v. Lopez, 7 So. 3d 583 (Fla. 3d DCA 2009); Fla. R. App. P. 9.400(a).

Petition granted, order quashed.

HENDON, J.

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