A. Carlo Guadagno, D.C., P.A. v. United Automobile Insurance

Upon review of the petition and the response, this Court grants the petition for writ of certiorari and quashes the circuit court’s order denying West Kendall Chiropractic Center’s motion for appellate attorney’s fees. Respondent concedes, and we agree, that the circuit court, acting in its appellate capacity, should have awarded petitioner appellate attorney’s fees, pursuant to section 627.428(1), Florida Statutes (1982), conditioned upon petitioner prevailing in the underlying proceedings. The failure to do so was a departure from the essential requirements of law. See Ramirez v. United…