UNITED AUTOMOBILE INSURANCE COMPANY, ETC.
v.
PROFESSIONAL MEDICAL GROUP, INC., ETC.

Fla. 3d DCA | 2021-08-04
No. 21-0095
Marquette
Florida District Court of Appeal, Third District (2021)

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Holding

An award of attorney's fees, whether based on contract or statute, is reviewed under the abuse of discretion standard, and discretion is abused only when the judicial action is arbitrary, fanciful, or unreasonable.


Headnotes

[1] An award of attorney's fees, whether based on contract or statute, is reviewed under the abuse of discretion standard, and discretion is abused only when the judicial act…

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Key Quotes

“Discretion is abused only 'when the judicial action is arbitrary, fanciful, or unreasonable, which is another way of saying that discretion is abused only where no reasonable [person] would take the view adopted by the trial court.'”

Definition of abuse of discretion standard applied to attorney's fee awards

Facts & Procedural History

United Automobile Insurance Company appealed an attorney's fee award made by the trial court against Professional Medical Group, Inc.…

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Opinion of the Court

PER CURIAM.

Affirmed. See Glob. Extreme, Inc. v. Advanced Aircraft Ctr., Inc., 122 So. 3d 487, 490 (Fla. 3d DCA 2013) (holding: “The standard of review for an award of attorney's fees, whether based on contract or statute, is abuse of discretion”) (citing Universal Beverage Holdings, Inc. v. Merkin, 902 So. 2d 288, 290 (Fla. 3d DCA 2005)). See also Frances v. State, 970 So. 2d 806, 813 (Fla. 2007) (observing: “Under the abuse of discretion standard, ‘[d]iscretion is abused only ‘when the judicial action is arbitrary, fanciful, or unreasonable, which is another way of saying that discretion is abused only where no reasonable [person] would take the view adopted by the trial court.’”) (quoting Trease v. State, 768 So. 2d 1050, 1053 n. 2 (Fla. 2000)) (quotations omitted).


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