SHAZAM AUTO GLASS LLC v. STATE FARM MUT AUTOMOBILE INS CO (2020)

BY ORDER OF THE COURT:

Petitioner, Shazam Auto Glass, LLC, has filed a motion for rehearing, clarification, certification, and/or written opinion concerning its motions for appellate attorneys' fees. We deny the motion insofar as it seeks certification, clarification, and/or written opinion. We grant the motion as to rehearing regarding Petitioner's motion for conditional appellate attorneys' fees incurred in connection with the second-tier petition for writ of certiorari filed in this court. We further grant the motion for rehearing regarding the circuit court's denial of Shazam's motion for a conditional award of appellate attorneys' fees. This court's order dated September 13, 2019, is withdrawn, and this order is substituted therefore. We further withdraw the opinion dated September 13, 2019, and substitute the attached opinion in its place.

The motion for conditional attorneys' fees filed by Respondent, State Farm Mutual Automobile Insurance Company, pursuant to an offer of judgment under section 768.79(1), Florida Statutes (2018), is granted to the extent that the trial court shall set a fee amount for this appellate proceeding in favor of Respondent only if the ultimate judgment obtained is one of no liability or is at least twenty-five percent less than the offer of settlement and upon a determination of entitlement pursuant to section 768.79.

The motion for conditional attorneys' fees filed by Petitioner is granted pursuant to section 627.428(1), Florida Statutes (2018). The motion is granted to the extent that the trial court shall set a fee amount for this appellate proceeding in favor of Petitioner only if Petitioner ultimately prevails at trial, taking into account the fact that Petitioner has not prevailed on all issues and the degree to which this has extended the litigation or increased its costs. See Danis Indus. Corp. v. Ground Improv. Techniques, Inc., 645 So. 2d 420, 421 (Fla. 1994).

Petitioner's October 21, 2019, and October 22, 2019, motions to strike are denied.

I HEREBY CERTIFY THE FOREGOING IS A TRUE COPY OF THE ORIGINAL COURT ORDER.

MARY ELIZABETH KUENZEL, CLERK

We grant in part Shazam Auto Glass, LLC's petition for writ of certiorari and quash the circuit court's order to the extent that it may be construed to independently exercise jurisdiction over and quash the county court's March 9, 2018, discovery order. This includes that portion of the decision denying appellate attorneys' fees. We remand with directions to grant Shazam's motion for appellate attorneys' fees incurred in defending the March 9, 2018, order on appeal, contingent upon it ultimately prevailing in the case. In all other respects, the petition is denied.

PER CURIAM.