This week, the Florida Supreme Court issued its decision in Advanced Chiropractic & Rehab. Ctr., Corp. v. United Auto. Ins. Co., Case No. SC13-153. At issue in the case is the correct procedure an appellate practitioner should follow to request appellate attorney’s fees in a Rule 9.100 original proceeding, such as certiorari, prohibition and mandamus. The answer, quoted from the conclusion of the opinion, is as follows:
“Based on the foregoing, we hold that Florida Rule of Appellate Procedure 9.400(b) does not apply to attorney’s fees requests filed in rule 9.100 original proceedings. Instead, such requests are governed by rule 9.300. Consequently, we quash the decision below to the extent it holds that, pursuant to Stockman and Green, a request for attorney’s fees in rule 9.100 original proceedings must be made in the petition, a response, or a reply.”
As rule 9.300 does not specify any time period in which appellate motions must be filed, motions simply must be “timely to provide the relief sought.” In the instant case, a motion for fees filed six days after the district court granted writ of certiorari was timely.
Justice Lewis delivered the opinion for the court. Chief Justice Polston and Justice Canady dissented on the basis the court lacked express and direct conflict jurisdiction to hear the matter.