Shazam Auto Glass, LLC v. State Farm Mut. Auto Ins., Co.
CourtDistrict Court of Appeal of Florida
Date FiledJanuary 15, 2020
Docket2D19-0649
StatusPublished
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Full Opinion
IN THE DISTRICT COURT OF APPEAL OF FLORIDA
SECOND DISTRICT
SHAZAM AUTO GLASS, LLC, as assignee )
of Christine Jennings, )
)
Petitioner, )
)
v. ) Case No. 2D19-649
)
STATE FARM MUT. AUTOMOBILE INS. )
CO., )
)
Respondent. )
)
BY ORDER OF THE COURT:
Petitioner, Shazam Auto Glass, LLC, has filed a motion for rehearing,
clarification, certification, and/or written opinion concerning its motions for appellate
attorneys' fees. We deny the motion insofar as it seeks certification, clarification, and/or
written opinion. We grant the motion as to rehearing regarding Petitioner's motion for
conditional appellate attorneys' fees incurred in connection with the second-tier petition
for writ of certiorari filed in this court. We further grant the motion for rehearing
regarding the circuit court's denial of Shazam's motion for a conditional award of
appellate attorneys' fees. This court's order dated September 13, 2019, is withdrawn,
and this order is substituted therefore. We further withdraw the opinion dated
September 13, 2019, and substitute the attached opinion in its place.
The motion for conditional attorneys' fees filed by Respondent, State Farm
Mutual Automobile Insurance Company, pursuant to an offer of judgment under section
768.79(1), Florida Statutes (2018), is granted to the extent that the trial court shall set a
fee amount for this appellate proceeding in favor of Respondent only if the ultimate
judgment obtained is one of no liability or is at least twenty-five percent less than the
offer of settlement and upon a determination of entitlement pursuant to section 768.79.
The motion for conditional attorneys' fees filed by Petitioner is granted pursuant
to section 627.428(1), Florida Statutes (2018). The motion is granted to the extent that
the trial court shall set a fee amount for this appellate proceeding in favor of Petitioner
only if Petitioner ultimately prevails at trial, taking into account the fact that Petitioner
has not prevailed on all issues and the degree to which this has extended the litigation
or increased its costs. See Danis Indus. Corp. v. Ground Improv. Techniques, Inc., 645
So. 2d 420, 421 (Fla. 1994).
Petitioner's October 21, 2019, and October 22, 2019, motions to strike are
denied.
I HEREBY CERTIFY THE FOREGOING IS A
TRUE COPY OF THE ORIGINAL COURT ORDER.
MARY ELIZABETH KUENZEL, CLERK
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IN THE DISTRICT COURT OF APPEAL OF FLORIDA
SECOND DISTRICT
SHAZAM AUTO GLASS, LLC, as assignee )
of Christine Jennings, )
)
Petitioner, )
)
v. ) Case No. 2D19-649
)
STATE FARM MUT. AUTOMOBILE INS. )
CO., )
)
Respondent. )
)
Opinion filed January 15, 2020.
Petition for Writ of Certiorari to the Circuit
Court for Hillsborough County; Gregory P.
Holder, Judge.
David M. Caldevilla of de la Parte & Gilbert,
P.A, Tampa; and Christopher Ligori and
Ronald S. Haynes of Christopher Ligori &
Associates, Tampa, for Petitioner.
Ezequiel Lugo of Banker Lopez Gassler,
P.A., Tampa, for Respondent.
PER CURIAM.
We grant in part Shazam Auto Glass, LLC's petition for writ of certiorari
and quash the circuit court's order to the extent that it may be construed to
independently exercise jurisdiction over and quash the county court's March 9, 2018,
discovery order. This includes that portion of the decision denying appellate attorneys'
fees. We remand with directions to grant Shazam's motion for appellate attorneys' fees
incurred in defending the March 9, 2018, order on appeal, contingent upon it ultimately
prevailing in the case. In all other respects, the petition is denied.
LaROSE, ROTHSTEIN-YOUAKIM, and SMITH, JJ., Concur.
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