Legal Opinion

Massie v. PROGRESSIVE EXPRESS INSURANCE COMPANY

District Court of Appeal of Florida

Decided November 17, 2009No. 1D09-1558PublishedCited by 6 opinions

1Opinion of the Court

BROWNING, JR., EDWIN B„ Senior Judge.

In this second-tier certiorari proceeding our review is limited to whether a “departure from the essential requirements of law” occurred, as a violation of procedural due process is not an issue. See Kaklamanos v. Allstate Ins. Co., 796 So.2d 555 (Fla. 1st DCA 2001). We conclude such a departure occurred.

The sole issue presented is whether Petitioner’s attorney is entitled to a contingency fee multiplier on her attorney’s fees award in this personal injury protection (“PIP”) action. The Circuit Court on direct appeal reviewed and reversed the trial judge’s…

2Cases cited5 opinions

  1. Stanfill v. StateSupreme Court of Florida · 1980
  2. Sun Bank of Ocala v. FordSupreme Court of Florida · 1990
  3. Progressive Exp. Ins. Co. v. SchultzDistrict Court of Appeal of Florida · 2007
  4. McCarthy Bros. Co. v. Tilbury Const., Inc.District Court of Appeal of Florida · 2003
  5. Kaklamanos v. Allstate Ins. Co.District Court of Appeal of Florida · 2001

3Cited by6 opinions

  1. William Joyce v. Federated National Insurance CompanySupreme Court of Florida · 2017
  2. USAA Casualty Insurance Co. v. Prime Care Chiropractic Centers, P.A.District Court of Appeal of Florida · 2012
  3. Citizens Property Ins. Corp. v. LaguerreDistrict Court of Appeal of Florida · 2018
  4. CITIZENS PROPERTY INSURANCE CORPORATION v. MEGHAN ANDERSONDistrict Court of Appeal of Florida · 2018
  5. IMPEX CARIBE CORP. v. CARL LEVIN, P.A., etc.District Court of Appeal of Florida · 2022

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