Third District Court of Appeal
State of Florida
Opinion filed July 21, 2021.
Not final until disposition of timely filed motion for rehearing.
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No. 3D21-262
Lower Tribunal Nos. 20-235AP & 19-7256CC
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United Automobile Insurance Company,
Appellant,
vs.
Multimed Care, Inc., a/a/o Erika Patricia Consuegra Romero,
Appellee.
An Appeal from the County Court for Miami-Dade County, Michaelle
Gonzalez-Paulson, Judge.
Michael J. Neimand, for appellant.
Feiler & Leach, P.L., and Martin E. Leach, for appellee.
Before FERNANDEZ, C.J., and GORDO, and LOBREE, JJ.
FERNANDEZ, C.J.
United Automobile Insurance Company (“United Auto”) appeals the
county court’s order granting attorney’s fees in favor of Multimed Care, Inc.,
entered without a mandatory evidentiary hearing. We reverse and remand
for an evidentiary hearing to determine the reasonableness of attorney’s fees
only. See United Automobile Insurance Company v. Professional Medical
Group, Inc., 46 Fla. L. Weekly D1102, D1102 (Fla. 3d DCA May 12, 2021)
(“Florida law does not permit a trial court to substitute discovery procedures
for an evidentiary hearing on unliquidated damages. . . . ‘By requesting that
the court hold an evidentiary hearing on the issue of attorney’s fees,
appellant[ ] preserved [its] right to a hearing.’”).”
Reversed and remanded.
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