Southern-Owners Insurance Company v. MAC Contractors of Florida, LLC et al

Filing 156

OPINION AND ORDER denying without prejudice 128 Motion for Attorney Fees to filing an amended motion within 21 days of the judgment. Signed by Judge John E. Steele on 3/30/2023. (RKR)

Case 2:18-cv-00021-JES-KCD Document 156 Filed 03/30/23 Page 1 of 2 PageID 4582

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
SOUTHERN-OWNERS
COMPANY,

INSURANCE

Plaintiff,
v.

Case No:

2:18-cv-21-JES-MRM

MAC CONTRACTORS OF FLORIDA,
LLC,
PAUL
S.
DOPPELT,
Trustee of Paul S. Doppelt
Revocable
Trust
dated
12/08/90, and DEBORAH A.
DOPPELT, Trustee of Deborah
A. Doppelt Revocable Trust
dated 12/08/90,
Defendants.

OPINION AND ORDER
This

matter

comes

before

the

Court

on

Appellant,

MAC

Contractors of Florida, LLC’s Application for Appellate Attorney
Fees (Doc. #128).

The United States Court of Appeals for the

Eleventh Circuit transferred this Application to the district
court for “a determination of the matters of entitlement and the
reasonable amount of appellate attorney’s fees, if any, to be
awarded.”

(Doc. #127.)

Southern-Owners filed a Response in

Opposition (Doc. #133.)
The Court has recently filed an Opinion and Order granting
MAC Contractors of Florida, LLC (MAC Contractors) summary judgment
in its favor as to the duty to defend.

The Court denied summary

Case 2:18-cv-00021-JES-KCD Document 156 Filed 03/30/23 Page 2 of 2 PageID 4583

judgment as to Southern-Owners as to the duty to defend issue and
found the issue of duty to indemnify moot.

Judgment will be

entered shortly.
MAC Contractors seeks attorney fees pursuant to Fla. Stat. §
627.428.

That statute, however, was repealed on March 24, 2023.

While the Court will deny the motion, it will allow the filing of
an amended motion addressing the impact of the repeal of § 627.248,
if any, on the application for appellate fees.
Accordingly, it is now
ORDERED:
Appellant, MAC Contractors of Florida, LLC’s Application for
Appellate Attorney Fees (Doc. #128) is DENIED without prejudice to
filing

an

amended

motion

within

twenty-one

(21)

days

of

the

judgment.
DONE AND ORDERED at Fort Myers, Florida, this
March 2023.

Copies:
Counsel of record

2

30th

day of