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Fortune Insurance Company v. Iriban

District Court of Appeal of Florida, Third District
Mar 17, 1992
593 So. 2d 598 (Fla. Dist. Ct. App. 1992)

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.


Summaries of

Fortune Insurance Company v. Iriban

District Court of Appeal of Florida, Third District
Mar 17, 1992
593 So. 2d 598 (Fla. Dist. Ct. App. 1992)

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.
Case details for

Fortune Insurance Company v. Iriban

Case Details

Full title:FORTUNE INSURANCE COMPANY, APPELLANT, v. MARIA TERESA IRIBAN, APPELLEE

Court:District Court of Appeal of Florida, Third District

Date published: Mar 17, 1992

Citations

593 So. 2d 598 (Fla. Dist. Ct. App. 1992)

Citing Cases

Tristar Lodging, Inc. v. Arch Speciality Ins. Co.

The Court finds that this case is more analogous to the line of cases denying attorney's fees awards, in the…