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Sierra v. Allstate Ins. Co.

District Court of Appeal of Florida, Third District
Dec 30, 1998
725 So. 2d 403 (Fla. Dist. Ct. App. 1998)

Opinion

No. 98-2117

December 30, 1998.

Appeal from the Circuit Court, Dade County, Sidney Shapiro, Judge.

Ress, Mintz Truppman and Keith A. Truppman, for appellants.

Powers, McNalis, Moody Groelle and Pamela Moody, for appellee.

Before JORGENSON, LEVY and SHEVIN, JJ.


We reverse the order denying insureds Carlos and Lilia Sierra entitlement to appellate attorney's fees. In Allstate Ins. Co. v. Sierra, 705 So.2d 119 (Fla. 3d DCA 1998), this court affirmed an order awarding the Sierras the appraisal they sought in their declaratory judgment action against Allstate Insurance Company. We also granted the Sierras appellate attorney's fees in a separate order that read: "Upon consideration of the motion for attorney's fees filed by the [Sierras], it is ordered that said motion is granted and remanded to the trial court to fix amount."

An insured who obtains a declaratory judgment compelling appraisal is the prevailing party and is therefore entitled to attorney's fees. See Latin Am. Property Cas. Ins. Co. v. Pastor, 561 So.2d 1302 (Fla. 3d DCA 1990); State Farm Mut. Auto. Ins. Co. v. Stack, 543 So.2d 782 (Fla. 3d DCA 1989). Thus, we must conclude that the trial court erred in denying the Sierras' entitlement to fees.

Based on the foregoing, we reverse the order denying fees and remand for the court to award the Sierras fees.

Reversed and remanded.


Summaries of

Sierra v. Allstate Ins. Co.

District Court of Appeal of Florida, Third District
Dec 30, 1998
725 So. 2d 403 (Fla. Dist. Ct. App. 1998)
Case details for

Sierra v. Allstate Ins. Co.

Case Details

Full title:Carlos SIERRA and Lilia Sierra, Appellants, v. ALLSTATE INSURANCE COMPANY…

Court:District Court of Appeal of Florida, Third District

Date published: Dec 30, 1998

Citations

725 So. 2d 403 (Fla. Dist. Ct. App. 1998)

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