GEICO GENERAL INSURANCE COMPANY v. MOULTROP, 190 So.3d 124 (2015)
Court: Court of Appeals of Florida
Number: inflco20151112284
Visitors: 10
Filed: Nov. 12, 2015
Latest Update: Nov. 12, 2015
Summary: ON RESPONDENTS' MOTION FOR APPELLATE ATTORNEY'S FEES PER CURIAM . Geico General Insurance Company filed a petition for writ of certiorari challenging an order requiring it to produce documents. Without ordering a response under Florida Rule of Appellate Procedure 9.100(h), this court denied the petition on August 18, 2015. Geico moved for rehearing and, on September 28, 2015, the respondents filed a response to that motion and also moved for attorney's fees. Rule 9.400(b)(2) provides that "
Summary: ON RESPONDENTS' MOTION FOR APPELLATE ATTORNEY'S FEES PER CURIAM . Geico General Insurance Company filed a petition for writ of certiorari challenging an order requiring it to produce documents. Without ordering a response under Florida Rule of Appellate Procedure 9.100(h), this court denied the petition on August 18, 2015. Geico moved for rehearing and, on September 28, 2015, the respondents filed a response to that motion and also moved for attorney's fees. Rule 9.400(b)(2) provides that "i..
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ON RESPONDENTS' MOTION FOR APPELLATE ATTORNEY'S FEES
PER CURIAM.
Geico General Insurance Company filed a petition for writ of certiorari challenging an order requiring it to produce documents. Without ordering a response under Florida Rule of Appellate Procedure 9.100(h), this court denied the petition on August 18, 2015. Geico moved for rehearing and, on September 28, 2015, the respondents filed a response to that motion and also moved for attorney's fees.
Rule 9.400(b)(2) provides that "in original proceedings" a motion for attorney's fees "shall be served not later than ... the time for service of the petitioner's reply to the response to the petition." Here, the court denied the petition without requiring a response to the petition or, obviously, a reply to a response. Having been first filed after the petition had been denied, the motion for appellate attorney's fees is denied as untimely.
CIKLIN, C.J., GROSS and LEVINE, JJ., concur.
Source: Leagle
