Massagee v. MGA Insurance Co.
Massagee v. MGA Insurance Co.
Opinion of the Court
Steven Keith Massagee has filed a motion seeking rehearing of our order denying his certiorari petition. We deny the motion for rehearing, but withdraw our previous order and substitute this opinion in its place.
Massagee filed a complaint in county court against MGA Insurance Company seeking a declaratory judgment pursuant to Chapter 86 of the Florida Statutes. Specifically, he sought a declaration regarding the availability of PIP
MGA filed a notice of appeal in the circuit court challenging the county court’s ruling, and both parties filed motions for an award of appellate attorney’s fees pursuant to section 627.428 of the Florida Statutes. The circuit court affirmed the county court’s order, but denied both motions for appellate attorney’s fees.
Massagee then filed the instant petition challenging the circuit court’s denial of his motion for appellate attorney’s fees. Because Massagee is asking this court to review only the circuit court’s denial of his appellate attorney’s fees motion, the circuit court’s order is properly reviewed by way of direct appeal, not by collateral petition. See Highwoods DLF EOLA, LLC v. Condo Developer, LLC, 51 So.3d 570, 573
Reviewing the instant matter as a direct appeal, we find no reversible error and, therefore, affirm.
AFFIRMED.
. See § 627.36, Fla. Stat. (2006).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.