Mercury Insurance Co. of Florida v. RPM Medical Center, Inc.

Upon review of the petition and the response, this Court denies the petition for writ of certiorari in part and grants the petition in part. The petition is denied as to the appellate division’s decision reversing the summary judgment entered in the county court. However, we grant the petition and quash the award of appellate attorney’s fees to respondent. Respondent properly concedes that the award of appellate attorney’s fees, pursuant to section 627.428(1), Florida Statutes, should have been conditioned upon respondent ultimately prevailing in the underlying proceeding. See Guadagno v.…