Full Opinion

Third District Court of Appeal State of Florida Opinion filed January 15, 2020. Not final until disposition of timely filed motion for rehearing. ________________ No. 3D19-1255 Lower Tribunal Nos. 05-4118, 16-262 ________________ Marisol M. Marotto and Rebecca J. Covey, Petitioners, vs. Ferco Motors Corporation and The Law Offices of La Ley con John H. Ruiz, P.A., Respondents. A Writ of Certiorari to the Circuit Court for Miami-Dade County, Appellate Division, John Schlesinger, Lourdes Simon, and Alan Fine, Judges. Conroy Simberg, and Diane H. Tutt (Hollywood), for petitioners. MSP Recovery Law Firm and Christine M. Lugo, for respondents. Before SALTER, LINDSEY, and HENDON, JJ. HENDON, J. Based on our standard of review on a petition for second-tier certiorari, our inquiry is limited to determining whether the circuit court afforded procedural due process and whether the circuit court applied clearly established law. Custer Med. Ctr. v. United Auto. Ins. Co., 62 So. 3d 1086 (Fla. 2010). We quash the Circuit Court appellate opinion insofar as it awarded appellate attorney’s fees and costs to the respondents, Ferco Motors Corporation and The Law Offices of La Ley Con John H. Ruiz, P.A., pursuant to section 501.2105, Florida Statutes (2018). The respondents did not prevail on any issue in the appeal and, under settled law, they are not entitled to appellate attorney’s fees or costs. See United Auto. Ins. Co. v. Lopez, 7 So. 3d 583 (Fla. 3d DCA 2009); Fla. R. App. P. 9.400(a). Petition granted, order quashed. 2