HARBOR SPECIALTY INSURANCE
vs. Appeal No.03-5018AP-88B
CHRISTOPHER P. MACMILLAN,
MOTION FOR ATTORNEY’S FEES
THIS CAUSE came before the Court on the Appellant’s Notice of Voluntary Dismissal, filed March 3, 2004, and the Appellee’s Motion for Attorney’s Fees, filed July 7, 2003 . Upon consideration of the same, the Court will dismiss the above-styled appeal and award attorney’s fees to the Appellee as provided by Florida Statutes, § 627.428. See Century Construction Corp. v. Koss, 559 So.2d 611, 612 (Fla. 1st DCA 1990)(stating the established rule that attorney’s fees are properly awarded after a voluntary dismissal where such award is provided for by statute or agreement).
ORDERED AND ADJUDGED that the above-styled appeal is dismissed. It is further
ORDERED AND ADJUDGED that the Appellee’s Motion for Attorney’s Fees is granted. The trial court shall determine the amount of reasonable appellate attorney’s fees to be awarded.
DONE AND ORDERED in Chambers, at
DAVID A. DEMERS
Circuit Judge, Appellate Division
Copies furnished to:
Roy L. Glass, Esquire
Ann Lehr O’Hern, Esquire
Post Office Box 12349