Legal Opinion
De Leon v. GREAT AMERICAN ASSUR. CO.
District Court of Appeal of Florida
Decided October 12, 2011No. 3D09-646PublishedCited by 5 opinions
1Opinion of the Court
*586SCHWARTZ, Senior Judge.
This is an appeal from an order denying attorney’s fees under section 627.428 Florida Statutes (2008), in an action for property loss benefits provided by an automobile insurance policy. The ruling, which was entered even though the insurer settled the case for the full amount claimed, was based on the notion that the action had been premature and unnecessary and was thus not effective in securing the favorable result. See JPG Enterprises, Inc. v. Viterito, 841 So.2d 528, 530 (Fla. 4th DCA 2003) (“A prevailing party is entitled to recover only fees which are ‘reasonably…
2Cases cited14 opinions
- Florida Patient's Compensation Fund v. RoweSupreme Court of Florida · 1985
- Bell v. USB Acquisition Co., Inc.Supreme Court of Florida · 1999
- STATE FARM FLORIDA INS. CO. v. LorenzoDistrict Court of Appeal of Florida · 2007
- Pepper's Steel & Alloys, Inc. v. United StatesSupreme Court of Florida · 2003
- Goff v. State Farm Florida Ins. Co.District Court of Appeal of Florida · 2008
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3Cited by5 opinions
- Kathy Johnson v. Omega Insurance CompanySupreme Court of Florida · 2016
- Whistler's Park, Inc. v. Florida Insurance GuarantyDistrict Court of Appeal of Florida · 2012
- De Leon v. GREAT AMERICAN ASSUR. CO.District Court of Appeal of Florida · 2011
- Kathy Johnson v. Omega Insurance CompanySupreme Court of Florida · 2016
- Spencer v. EMC Mortgage Corp.District Court of Appeal of Florida · 2012