Opinion
Case No. 5D02-766
Opinion filed August 16, 2002.
Petition for Certiorari Review of Decision from the Circuit Court for Orange County Acting in its Appellate Capacity.
Dorothy C. Venable and Betsy E. Gallagher, of Gallagher Howard, P.A., Tampa, and Donald J. Masten and Rebecca L. Bench of Rissman, Weisberg, Barrett, Hurt, Donahue McLain, P.A., Orlando, for Petitioner.
Peter A. Shapiro of The Law Offices of Peter A. Shapiro, Orlando, for Respondent.
We dismiss the petition for writ of certiorari because the underlying action has been dismissed by the parties below. However, we remand for the lower court to determine if the petitioner is entitled to appellate attorney's fees under section 768.79, Florida Statutes, and if so, to determine the proper amount. See Williams v. Brochu, 578 So.2d 491 (Fla. 5th DCA 1991), abrogated on other grounds, White v. Steak and Ale of Florida, Inc., 816 So.2d 546 (Fla. 2002).
PETITION DISMISSED; REMANDED FOR DETERMINATION OF APPELLATE ATTORNEY'S FEES ISSUE.
SAWAYA and ORFINGER, R. B., JJ, concur.