Florida District Courts of Appeal, 1972

Westchester Fire Insurance Co. v. Jos. L. Rozier Machinery Co.

Westchester Fire Insurance Co. v. Jos. L. Rozier Machinery Co.
Florida District Courts of Appeal · Decided September 26, 1972 · Cross, Reed, Walden
267 So. 2d 38; 1972 Fla. App. LEXIS 6067 (Southern Reporter, Second Series)

Westchester Fire Insurance Co. v. Jos. L. Rozier Machinery Co.

Opinion of the Court

PER CURIAM.

This is an appeal by Westchester Fire Insurance Company from an adverse judgment rendered by the Circuit Court for Orange County, Florida. We have carefully considered the appellant’s points on appeal and, with the exception mentioned herein, hold them to be without merit. The final judgment awarded Jos. L. Rozier Machinery Company a judgment for $9,048.00 on its claims against appellant arising out of a payment bond and a contract under which Rozier claimed as a third-party beneficiary. In addition Rozier was awarded an attorney’s fee in the amount of $1,800.00 for the services of its attorney in the trial court. Under the facts of this case, the only basis we can discern for this fee is Section 627.756, F. S.1971, F.S.A. (formerly § 627.0905, F.S. 1969). The amount of the fee, however, exceeds the limit provided by that statute by $669.00. Therefore, on remand the trial court shall reduce the attorney’s fee awarded to Rozier by $669.00. In all other respects the final judgment appealed from is affirmed.

Affirmed as modified and remanded with instructions.

REED, C. J., and WALDEN and CROSS, JJ., concur.

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