Cardillo v. Qualsure Insurance Corp.

ON MOTION FOR REHEARING

STONE, J.

We deny Cardillo’s motion for rehearing, but withdraw our opinion of November 21, 2007 and substitute the following:

Affirmed. The trial court correctly concluded that Cardillo’s motion for attorney’s fees was untimely. The trial court’s December 1st order was a declaratory judgment that entitled Cardillo to attorney’s fees and triggered the thirty-day time limitation in rule 1.525 for serving a motion for attorney’s fees. Cardillo asserts that the order was a non-final order and, therefore, did not commence the time limitation.

Simon initially sued Cardillo for…