Summary
reversing attorney's fees judgment because insurance benefits were not wrongfully withheld
Summary of this case from Tristar Lodging, Inc. v. Arch Speciality Ins. Co.Opinion
No. 91-1114.
February 11, 1992. Rehearing Denied March 17, 1992.
An Appeal from the Circuit Court for Dade County; Ursula Ungaro-Benages, Judge.
Diane H. Tutt, Davie, for appellant.
Carlos Lidsky, Hialeah, and Leo Bueno, Miami, for appellee.
Before BASKIN, JORGENSON and LEVY, JJ.
We reverse the final judgment awarding attorney's fees to plaintiff's first attorney because (1) plaintiff's insurance benefits were not wrongfully withheld, Ledesma v. Bankers Ins. Co., 573 So.2d 1042 (Fla. 3d DCA 1991); Obando v. Fortune Ins. Co., 563 So.2d 116 (Fla. 3d DCA 1990); § 627.736(4)(b), Fla. Stat. (1989), and (2) counsel stipulated that he would "retain a charging lien for services rendered and costs incurred on behalf of plaintiff. Said interest shall be satisfied from any court award made in the event the plaintiff prevails in this action."
Reversed.