Florida's Attorney's Fees Statute is Section 627.428. It requires an "insured or beneficiary" to prevail in the event of an appeal. An intermediate Florida Appellate Court has just held that this Florida Statute does not authorize Florida Appellate Courts "to grant fees to an insured who does not succeed in his or her application for certiorari." Grider-Garcia v. State Farm Mutual Automobile Insurance Co. (Fla. 5th DCA Case No. 5D08-3793, Opinion Filed June 12, 2009), attached slipsheet Official Opinion at 4.
The Florida intermediate Appellate Court followed the Supreme Court of Florida's ruling in the case of Brass & Springer, P.A. v. United Automobile Insurance Co. (Fla. 2006) approving a construction of Section 627.428 which resulted in a denial of Attorney's Fees on Appeal "to a party that did not prevail". Grider-Garcia, attached slipsheet Opinon at 4.
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