BROWN v. OMEGA INSURANCE COMPANY (2021)

District Court of Appeal of Florida, Fourth District.

John BROWN and Georgene Brown, Appellants, v. OMEGA INSURANCE COMPANY, Appellee.

No. 4D21-120

Decided: July 21, 2021

Earl I. Higgs, Jr., of Higgs Law, P.A., Orlando, for appellants. Scot E. Samis of Traub, Lieberman, Straus & Shrewsberry LLP, St. Petersburg, for appellee.

CONFESSION OF ERROR

This is an appeal of an attorney's fees and costs judgment entered following a final summary judgment. We stayed this appeal pending a decision in the appeal of the underlying final summary judgment. Order, Brown v. Omega Ins. Co., No. 4D21-120 (Fla. 4th DCA Feb. 18, 2021) (order granting motion to stay).

We reversed the final summary judgment in Brown v. Omega Insurance Co., 322 So. 3d 98 (Fla. 4th DCA May 26, 2021). The mandate issued on June 17, 2021. Order, Brown v. Omega Ins. Co., No. 4D21-120 (Fla. 4th DCA June 17, 2021) (order lifting the stay). The parties have now filed a Confession of Error.

Based on the reversal of the underlying judgment, and with the consent of both parties, we reverse the attorney's fees and costs judgment. Hickman v. Barclay's Int'l Realty, Inc., 12 So. 3d 327, 327 (Fla. 4th DCA 2009) (“[W]here an award of attorney's fees is dependent upon the judgment obtained, ․ reversal of the ․ judgment necessitates the reversal of the fee award.” (first alteration in original)).

Reversed and remanded.

May, J.

Warner and Levine, JJ., concur.

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