JOHN BROWN and GEORGENE BROWN v. OMEGA INSURANCE COMPANY

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DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT JOHN BROWN and GEORGENE BROWN, Appellants, v. OMEGA INSURANCE COMPANY, Appellee. No. 4D21-120 [July 21, 2021] Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; John S. Kastrenakes, Judge; L.T. Case No. 502018CA010137XXXMB. Earl I. Higgs, Jr., of Higgs Law, P.A., Orlando, for appellants. Scot E. Samis of Traub, Lieberman, Straus & Shrewsberry LLP, St. Petersburg, for appellee. CONFESSION OF ERROR MAY, J. This is an appeal of an attorney’s fees and costs judgment entered following a final summary judgment. We stayed this appeal pending a decision in the appeal of the underlying final summary judgment. Order, Brown v. Omega Ins. Co., No. 4D21-120 (Fla. 4th DCA Feb. 18, 2021) (order granting motion to stay). We reversed the final summary judgment in Brown v. Omega Insurance Co., 46 Fla. L. Weekly D1218 (Fla. 4th DCA May 26, 2021). The mandate issued on June 17, 2021. Order, Brown v. Omega Ins. Co., No. 4D21-120 (Fla. 4th DCA June 17, 2021) (order lifting the stay). The parties have now filed a Confession of Error. Based on the reversal of the underlying judgment, and with the consent of both parties, we reverse the attorney’s fees and costs judgment. Hickman v. Barclay’s Int’l Realty, Inc., 12 So. 3d 327, 327 (Fla. 4th DCA 2009) (“[W]here an award of attorney’s fees is dependent upon the judgment obtained, . . . reversal of the . . . judgment necessitates the reversal of the fee award.” (first alteration in original)). Reversed and remanded. WARNER and LEVINE, JJ., concur. * * * Not final until disposition of timely filed motion for rehearing. 2 21-0120 District Court of Appeal of Florida fladistctapp Fla. Dist. Ct. App. JOHN BROWN and GEORGENE BROWN v. OMEGA INSURANCE COMPANY 21 July 2021 Published d0f416237b2db259020534114b4927aa6169cb4f

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