Powell v. Allstate Insurance Co.

Based upon our study of the record and briefs, in light of the oral presentation, we hold as follows:

1. The trial court erred when it failed to enter judgment for David G. Powell against Allstate Insurance Company. We feel that this occurred as a matter of oversight since the judgment in favor of Allstate as to the Powell claim is inconsistent with the explicit oral findings in record and the explicit findings in the judgment.

2. Inasmuch as Powell is the prevailing party, the trial court should have granted Powell’s motion for attorney’s fees pursuant to section 627.428, Florida Statutes…