# Third District Court of Appeal State of Florida
Opinion filed March 30, 2022

. Not final until disposition of timely filed motion for rehearing.

________________ No. 3D21

- 311 Lower Tribunal No. 19

- 185

________________ 

### Citizens Property Insurance Corporation , Appellant,

vs. 

### Osvaldo Delgado , Appellee.

An Appeal from the Circuit Court for Miami

- Dade County, Abby Cynamon , Judge. Traub Lieberman Straus & Shrewsberry LLP , C. Ryan Jones and Scot E. Samis ( St. Petersburg ), for appellant. Law Office o f Lazaro Vazquez, P.A. , and Lazaro Vazquez , for appellee.

Before SCALES, MILLER and GORDO , JJ. GORDO, J

.2 Citizens United Property Insurance Corporation appeals a final judgment for attorney’s fees entered in favor of Osvaldo Delgado. We have jurisdiction. Fla. R. App. P. 9.030(b)(1)(A). Delgado submitted a claim for property damage caused by Hurricane Irma to Citizens and was furnished with a partial payment of $4,22 6.32. Delgado contested th is amount , and Citizens demanded an appraisal pursuant to the terms of the insurance policy. Delgado subsequently filed
suit , and Citizens moved to compel appraisal. After the appraisers determined the amount of the loss 1 , Cit izens paid the award without further ado. Delgado was subsequently awarded attorney’s fees pursuant to section 627.428, Florida Statutes

. Citizens argue s th e award of attorney’s fees w as improper because : (1) Delgado recovered no judgment against it ; and (2) the lawsuit itself was unnecessary to resolve the claim

. It is w ell settled Florida law that Citizens ’ payment of the appraisal award constituted a judgment

. Johnson v. Omega Ins. Co. , 200 So. 3d 1207, 1215 (Fla. 2016) (“[I] t is well settled that the payment of a previously denied claim following the initiation of an action for recovery, but prior to the issuance of a final judgment, constitutes the functional equivalent of a confession of judgment.” ); Ivey v. Allstate Ins. C o. ,

1 The appraisers agreed on an award of $45,021.26.3 774 So. 2d 679, 684

– 85 (Fla. 2000) (“[W]here an insurer pays policy proceeds after suit has been filed but before judgment has been rendered, the payment of the claim constitutes the functional equivalent of a confession of judgment or verdict in favor of the insured, thereby entitling the insured to attorney’s fees.”).
W e further find that, as shown by the record in this case , the lawsuit

was a necessary catalyst to effectuate payment of the claim. State Farm Florida Ins. Co. v. Lime Bay Condo., Inc. , 187 So. 3d 932, 935 (Fla. 4th DCA 2016) (“[W] hen an insured moves for attorney ’ s fees, the underlying issue is whether the suit was filed for a legitimate purpose, and whether the filing acted as a necessary catalyst to resolve the dispute an d force the insurer to satisfy its obligations under the insurance contract. ”); Lewis v. Universal Prop. & Cas. Ins. Co. , 13 So. 3d 1079, 1082 (Fla. 4th DCA 2009) (“[W]hether suit is filed before or after the invocation of the appraisal process is not
dete rminative of the insured’s right to fees; rather, the right to fees turns upon whether the filing of the suit served a legitimate purpose.”) ; First Floridian Auto & Home Ins. Co. v. Myrick , 969 So. 2d 1121, 1124 (Fla. 2d DCA 2007) ( finding the involvement of the judicial system was necessary where the insurer was asserting a coverage defense ). Affirmed.