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SAWGRASS MUTUAL INSURANCE COMPANY, Appellant, v. Terry MONE and Diane Mone, Appellees.

District Court of Appeal of Florida, Fifth District2018-05-18No. Case No. 5D15–3061
242 So. 3d 1208

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Opinion

majority opinion

PER CURIAM.

Our prior opinion of September 2, 2016, was disapproved by the Florida Supreme Court to the extent it is inconsistent with [the Florida Supreme] Courts opinion in Joyce v. Federated Natl Ins. Co. , 228 So.3d 1122 (Fla. 2017), and the case was remanded to this court for instructions not inconsistent with th[e] Courts opinion in Joyce . See Mone v. Sawgrass Mut. Ins. Co. , 43 Fla. L. Weekly S185, 2018 WL 1895708 (Fla. Apr. 20, 2018). Upon reconsideration, we affirm the final judgment awarding attorneys fees, including the trial courts application of a multiplier to the attorneys fees award. Based upon Appellees prior concession of error, we reverse the award of $26,918.43 in court costs regarding the services provided by two of Appellees expert witnesses, Nettles & Associates and Reliable Field Services of Central Florida, Inc. On remand, the trial court is directed to strike this amount from the final judgment.

AFFIRMED in part; REVERSED in part; and REMANDED, with instructions.

COHEN, C.J., LAMBERT, J., and LEMONIDIS, R.C., Associate Judge, concur.