State Farm Mutual Automobile Insurance Co. v. Pro Health Pain Relief Center, Inc.

' State Fárm Automobile Insurance Company petitions this Court for a writ of certiorari to review an order of the Eleventh Judicial Circuit of Miami-Dade County, sitting in its appellate capacity, unconditionally granting respondent’s, Pro Health Pain Relief Center, Inc. a/a/o Arturo Perez, motion for appellate attorney’s fees. Respondent concedes below, and we agree, 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.” Mercury Ins. Co. of Fla. v. RPM…