PROGRESSIVE SELECT INSURANCE COMPANY
v.
WHITEHOUSE AND CHILITO
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The trial court's award of attorney's fees to Curtis Whitehouse is affirmed, and the cross-appeal regarding interest and reasonable costs is dismissed as moot following the parties' settlement agreement.
[1] A cross-appeal seeking interest and costs becomes moot when the parties settle the underlying dispute and the prevailing party receives payment of the outstanding amounts…
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Join FLexlaw to unlock all legal intelligenceProgressive Select Insurance Company appealed an attorney's fees award to Curtis Whitehouse and Arlinson Chilito in a Duval County Circuit Court case.…
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PER CURIAM.
The direct appeal is affirmed in all respects as is the cross- appeal in all respects with regard to the nature and amount of attorney’s fees which were awarded below to Curtis Whitehouse. We find that the issues initially raised on cross-appeal by Curtis Whitehouse regarding awarding the interest and reasonable costs sought by Whitehouse were rendered moot, once an agreement was reached between the parties as to the outstanding amounts owed and Progressive Select Insurance Company paid same, which was after Whitehouse filed his initial notice of cross-appeal. Accordingly, that aspect of the cross-appeal is dismissed as moot.
AFFIRMED, in part; and DISMISSED as MOOT, in part.
EDWARDS C.J., and LAMBERT and HARRIS, JJ., concur.