Legal Opinion

Avemco Insurance Co. v. Tobin

District Court of Appeal of Florida

Decided November 10, 2004No. 4D03-4024PublishedCited by 3 opinions

1Opinion of the CourtWarner, J.

This is possibly the end of a long succession of appeals, spanning fourteen years, regarding an insurance claim and the trial court’s award of attorney’s fees pursuant to section 57.105, Florida Statutes (1997).1 In this appeal, Avemco challenges the trial court’s failure to award the full amount of its attorney’s fees against the client, Tobin, after it determined that this court’s remand instructions in Maloney v. Avemco Insurance Company did not provide it the authority to do so. We reverse, concluding that the trial court had jurisdiction and should have awarded the fees against To-bin…

2Cases cited5 opinions

  1. Pellar v. Granger Asphalt Paving, Inc.District Court of Appeal of Florida · 1997
  2. Avemco Ins. Co. v. TobinDistrict Court of Appeal of Florida · 1998
  3. Matthews v. First Federal Savings & Loan of EnglewoodDistrict Court of Appeal of Florida · 1990
  4. Whitehead v. DreyerDistrict Court of Appeal of Florida · 1997
  5. Maloney v. Avemco Insurance Co.District Court of Appeal of Florida · 2001

3Cited by3 opinions

  1. Quicken Loans, Inc. v. Lourie Brown and Monique BrownWest Virginia Supreme Court · 2014
  2. Nash v. AMR Corp.District Court of Appeal of Florida · 2006
  3. Quicken Loans, Inc. v. Lourie Brown and Monique BrownWest Virginia Supreme Court · 2014

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