Brevard Orthopaedic, Spine & Pain Clinics, Inc. v. Health First Medical Management, Inc.

I respectfully dissent for four reasons. First, in my view, the analysis of this issue, set forth thirteen years ago in Aksomitas v. Maharaj, 771 So.2d 541 (Fla. 4th DCA 2000), is the correct approach; and, as far as I am aware, until now, we have generally applied Aksomitas in this Court to provisionally authorize fees for an appeal to the ultimately prevailing party, even though they may not have prevailed in the appeal itself.

Second, in deciding Brass & Singer v. United Automobile Insurance Co., 944 So.2d 252 (Fla.2006), which recognized that insureds can only recover fees for an appeal if…