County Civil Court: APPELLATE PROCEDURE – Voluntary Dismissal – Attorney’s Fees – attorney’s fees are properly awarded by appellate court after a voluntary dismissal. Harbor Specialty Insurance Co. v. MacMillan, No. 03-5018AP-88B (Fla. 6th Cir. App. Ct. March 16, 2004).

IN THE CIRCUIT COURT FOR THE SIXTH JUDICIAL CIRCUIT

IN AND FOR PINELLAS COUNTY, FLORIDA

APPELLATE DIVISION

HARBOR SPECIALTY INSURANCE

COMPANY,

Appellant,

vs. Appeal No.03-5018AP-88B

UCN522003AP005018XXXXCV

CHRISTOPHER P. MACMILLAN,

Appellee.

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ORDER DISMISSING APPEAL AND ORDER GRANTING APPELLEE’S

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 St. Petersburg, Pinellas County, Florida this ________ day of March 2004.

___________________________________

DAVID A. DEMERS

Circuit Judge, Appellate Division

Copies furnished to:

Roy L. Glass, Esquire

5501 Central Avenue

St. Petersburg, FL 33710

Ann Lehr O’Hern, Esquire

Post Office Box 12349

St. Petersburg, FL 33733-2349