UNITED AUTOMOBILE INSURANCE CO., PETITIONER,
v.
DOCTOR REHAB CENTER, INC., A/A/O JOSE HERNANDEZ, RESPONDENT
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
United Automobile Insurance Company sought certiorari review of a circuit court order awarding appellate attorneys' fees to Doctor Rehab Center. The court granted the petition and quashed the fee award because the circuit court failed to comply with the notice requirement of Florida Rule of Appellate Procedure 9.410(a) when imposing sanctions sua sponte.
The court held that the circuit court's sua sponte award of appellate attorneys' fees violated the essential requirements of law because it failed to provide the requisite 10 days' notice required by Rule 9.410(a) before imposing sanctions.
[1] A court acting in its appellate capacity must provide 10 days' notice before imposing sanctions, including attorneys' fees, on its own motion for a frivolous proceeding.
[2] A party is not entitled to appellate attorneys' fees under section 627.428, Florida Statutes, when there is no recovery under the insurance policy.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“After 10 days' notice, on its own motion, the court may impose sanctions for any violation of these rules, or for the filing of any proceeding, motion, brief, or other paper that is frivolous or in bad faith.”
Establishes the mandatory notice requirement for sua sponte sanctions under Florida Rule of Appellate Procedure 9.410(a)
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceDoctor Rehab Center filed a breach of contract action against United Auto regarding a PIP insurance policy. United Auto moved for attorneys' fees unde…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Fla. R. App. P. 9.410(a) cases and more on FLexlaw
United Automobile Insurance Company (“United Auto”) seeks certiorari review of an order rendered by the circuit court, in its appellate capacity, which awarded appellate attorneys’ fees to Respondent, Doctor Rehab Center, Inc., a/a/o Jose Hernandez (“Doctor Rehab Center”). We grant the petition and quash the order awarding attorneys’ fees to Doctor Rehab Center.
The case was originally filed in county court by Doctor Rehab Center against United Auto for breach of contract on a PIP policy. Alleging the lawsuit was friv*67olous, United Auto sought attorneys’ fees under section 57.105, Florida Statutes (2011). On October 12, 2011, Doctor Rehab Center took a voluntary dismissal, and the county court denied United Auto’s motion for section 57.105 fees. United Auto appealed the denial to the appellate division of the circuit court.
During the pendency of that appeal, Doctor Rehab Center filed a motion for appellate attorneys’ fees under section 627.428, Florida Statutes (2013). At oral argument before the circuit court, United Auto argued Doctor Rehab Center was not entitled to appellate attorneys’ fees under section 627.428, because there was no recovery under the insurance policy. The circuit court subsequently affirmed per cu-riam the county court’s order denying United Auto’s motion for attorneys’ fees. The circuit court also issued an order awarding Doctor Rehab Center its appellate attorneys’ fees. The order awarding fees provided no findings and cited no statutory or other basis for the award, but Doctor Rehab Center asserts that the circuit court was authorized to award fees, on its own initiative, under section 57.105, Florida Statutes (2013).1 However, if the circuit court awarded fees based on section 57.105, it failed to comply with the notice requirement of Florida Rule of Appellate Procedure 9.410(a). Rule 9.410(a) provides:
After 10 days’ notice, on its own motion, the court may impose sanctions for any violation of these rules, or for the filing of any proceeding, motion, brief, or other paper that is frivolous or in bad faith. . Such sanctions may include reprimand, striking of briefs or pleadings, dismissal of proceedings, costs, attorneys’ fees, or other sanctions.
The circuit court was acting in its appellate capacity; therefore a sua sponte award of attorneys’ fees as a sanction under section 57.105 must comport with the notice requirement of rule 9.410(a). In failing to provide the requisite notice, the circuit court departed from the essential requirements of the law.2
We therefore grant the petition, quash the order awarding appellate attorneys’ fees, and remand this cause to the circuit court, appellate division, for further proceedings consistent with this opinion.