PROGRESSIVE INS. V. MENENDEZ

State: Florida

Court: Florida Southern District Court

Docket No: 3D07-0766

Case Date: 03/19/2008

Plaintiff: PROGRESSIVE INS.

Defendant: MENENDEZ

Preview:Third District Court of Appeal
State of Florida, January Term, A.D. 2008
Opinion filed March 19, 2008. Not final until disposition of timely filed motion for rehearing. ________________ No. 3D07-766 Lower Tribunal No. 02-1381 ________________

Progressive Express Insurance Company,
Appellant, vs.

Louis R. Menendez, Jr., and Cathy Menendez,
Appellees.

An Appeal from the Circuit Court for Monroe County, Mark H. Jones, Judge. Anania, Bandklayder, Blackwell, Baumgarten, Torricella & Stein and Douglas J. Stein and Stephanie Martinez, for appellant. Tilghman & Vieth, P.A. and Robert C. Tilghman, for appellees.

Before GREEN, RAMIREZ, and SALTER, JJ. PER CURIAM.

This is an appeal from a final judgment awarding attorney's fees and costs pursuant to a final summary judgment in appellees' favor. As that final summary judgment has now been reversed by this court in Progressive Express Insurance Co. v. Menendez, 32 Fla. L. Weekly D2891 (Fla. 3d DCA Dec. 5, 2007), this fee judgment must likewise be reversed. See Vietz v. Am. Recruiters Enters, Inc., 922 So. 2d 1090, 1096 (Fla. 4th DCA 2006); Amorello v. Tauck, 824 So. 2d 244 (Fla. 4th DCA 2002); ARC Foods, Inc. v. MGI Props., 746 So. 2d 514 (Fla. 2d DCA 1999); Fieldstone v. Chung, 416 So. 2d 11 (Fla. 3d DCA 1982). Reversed.

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