State Farm Mutual Automobile Insurance v. Wiggins

I respectfully dissent. I would grant the writ of certiorari, quash the order of the circuit court, and reinstate the summary judgment. Petitioner, State Farm Mutual Automobile Insurance Company (“State Farm”), petitions this court for a writ of certiorari quashing the order of the Seminole County Circuit Court sitting in its appellate capacity. The circuit court reversed a summary judgment entered by the county court in favor of State Farm. The circuit court ruled that section 627.736, Florida Statutes (2001), authorizes recovery of attorney’s fees and interest for a contested claim that was…