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SALGADO v. CIOCCA (2021)

District Court of Appeal of Florida, Third District.2021-07-29No. CASE NO.: 3D21-1234

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Opinion

Following review of the Petition for Writ of Mandamus and Writ of Certiorari, and the Responses and Replies thereto, it is ordered that the Petition for Writ of Certiorari is hereby denied. The Petition for Writ of Mandamus is hereby denied as moot, as a hearing has been set for August 25, 2021.

Upon consideration of the parties’ Motions for Appellate Attorneys Fees, it is ordered that said Motions are conditionally granted, and the matter is remanded to the trial court. If the movant(s) establishes his or her entitlement pursuant to section 61.16, Florida Statutes, and Rosen v. Rosen, 696 So. 2d 697 (Fla.1997), the trial court is authorized to award the movant all, or a portion of, the reasonable appellate attorneys fees. See Rados v. Rados, 791 So. 2d 1130, 1134 (Fla. 2d DCA 2001).

HENDON, MILLER and LOBREE, JJ., concur.