BRIAN LOWRY, APPELLANT,
v.
CENTRAL LEASING MANAGEMENT, INC., AND ZURICH NORTH AMERICA, APPELLEES

Fla. 1st DCA | 2008-07-15
No. 1D07-0141
VAN NORTWICK and ROBERTS, JJ., concur.
988 So. 2d 1113 Florida District Court of Appeal, First District (2008) Negative Treatment
Cited by 6 cases

Opinion of the Court
BROWNING, C.J.

OPINION ON MOTION FOR REHEARING, CLARIFICATION AND CERTIFICATION; MOTION FOR REHEARING EN BANC; AND ALTERNATIVE MOTION TO STAY MANDATE

BROWNING, C.J.

Appellant’s motions for rehearing, clarification, or rehearing en banc and alternative motion to stay mandate are DENIED. However, pursuant to Florida Rule of Appellate Procedure 9.030(a)(2)(A)(v), we GRANT the motion for certification and certify to the Supreme Court of Florida the following as a question of great public importance:

DO THE AMENDED PROVISIONS OF SECTION 440.34(1), FLORIDA STATUTES (2003), CLEARLY AND UNAMBIGUOUSLY ESTABLISH THE PERCENTAGE FEE FORMULA PROVIDED THEREIN AS THE SOLE STANDARD FOR DETERMINING THE REASONABLENESS OF AN ATTORNEY’S FEE TO BE AWARDED A CLAIMANT?

VAN NORTWICK and ROBERTS, JJ., concur.


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  • …PER CURIAM. AFFIRMED. See Lowry v. Cent. Leasing Mgmt., Inc. & Zurich N. Am., 988 So. 2d 1113 (Fla. 1st DCA 2008) (certifying question on rehearing). BARFIELD, KAHN, and BENTON, JJ., concur.…
  • Lowry v. Cent. Leasing Mgmt., Inc., 3 So. 3d 1189 (Fla. 2009)
    …ay 5, 2008), in which the First District Court of Appeal cited as authority its decision in Murray v. Manners Health/ACE USA, 946 So. 2d 38 (Fla. 1st DCA 2006), quashed, 994 So. 2d 1051 (Fla.2008). See also Lowry v. Central Leasing Management, Inc., 988 So. 2d 1113 (Fla. 1st DCA 2008) (additionally certifying a question of great public importance). When the First District issued its decision in Lowry, its Murray decision was pending review in this Court. We have jurisdiction. See art. V, § (3)(b)(3)-(4), Fla.…
  • Celeste v. Kerns, 32 So. 3d 611 (Fla. 2009)
    …PER CURIAM. We have for review Celeste v. Kerns, 990 So. 2d 9 (Fla. 1st DCA 2008), in which the First District Court of Appeal cited as authority its decision Lowry v. Central Leasing Management, Inc., 988 So. 2d 1113 (Fla. 1st DCA 2008), denying rehearing of 18 So. 3d 550 (Fla. 1st DCA 2008), quashed, Lowry v. Central Leasing Management, Inc., 3 So. 3d 1189 (Fla., 2009). By the time the First District’s Celeste decision became final on denial of rehearing, its L…

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