UNITED AUTOMOBILE INSURANCE COMPANY,
v.
I & A MEDICAL CENTER, INC., A/A/O DAVID D. NUNEZ,

Fla. 3d DCA | 2021-12-08
No. 21-0719
Fernandez, C.J., Logue, J., Bokor, J., King, J.
Florida District Court of Appeal, Third District (2021)

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Holding

A trial court must conduct an evidentiary hearing before awarding attorney's fees and costs in an insurance dispute, rather than entering judgment without such a hearing.


Headnotes

[1] An evidentiary hearing is required before a trial court may award attorney's fees and costs in an insurance dispute to determine the insurance company's authority to cont…

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Facts & Procedural History

United Automobile Insurance Company appealed a final judgment entered by the trial court awarding attorney's fees and costs to I & A Medical Center, I…

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Opinion of the Court
Fernandez

Third District Court of Appeal State of Florida

Opinion filed December 8, 2021. Not final until disposition of timely filed motion for rehearing.

________________

No. 3D21-719 Lower Tribunal No. 12-7800-CC ________________

United Automobile Insurance Company, Appellant,

vs.

I & A Medical Center, Inc., a/a/o David D. Nunez, Appellee.

An Appeal from the County Court for Miami-Dade County, Lawrence

D. King, Judge.

Michael J. Neimand, for appellant.

Corredor & Husseini, P.A., and Maria E. Corredor, for appellee.

Before FERNANDEZ, C.J., and LOGUE, and BOKOR, JJ.

PER CURIAM.

2

United Automobile Insurance Company appeals the trial court’s final judgment, entered without conducting an evidentiary hearing, awarding attorney’s fees and costs. We reverse and remand with instructions to conduct an evidentiary hearing on the authority of United Auto. Ins. Co. v. Prof'l Med. Group, Inc., 318 So. 3d 1261 (Fla. 3d DCA 2021).

Reversed and remanded with instructions.


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