Essex Insurance Co. v. Burton

We have consolidated appeals from two orders awarding attorneys’ fees in the same case below, orders predicated on section 627.428(1), Florida Statutes (2003) (“Upon the rendition of a judgment ... against an insurer and in favor of any ... insured ... the trial court ... shall adjudge ... [attorney’s fees] against the ... insurer.”). The lower court awarded fees after it entered declaratory judgment in case number 02-CA-94 against Essex Insurance Company, the appellant in each of these consolidated appeals.

We reversed the underlying declaratory judgment in Essex Ins. Co. v. Simpler and…