Florida District Courts of Appeal, 1982

United States Fidelity & Guaranty Co. v. Casino

United States Fidelity & Guaranty Co. v. Casino
Florida District Courts of Appeal · Decided April 27, 1982 · Genson, Jor, Nesbitt, Schwartz
413 So. 2d 138; 1982 Fla. App. LEXIS 28577 (Southern Reporter, Second Series)

United States Fidelity & Guaranty Co. v. Casino

Opinion of the Court

PER CURIAM.

The trial court was correct both in dismissing the UM carrier’s action for declaratory relief, see, Travelers Indemnity Co. v. Johnson, 201 So.2d 705 (Fla. 1967); Columbia Casualty Co. v. Zimmerman, 62 So.2d 338 (Fla. 1952); Kelner v. Woody, 399 So.2d 35 (Fla. 3rd DCA 1981), and in awarding attorney’s fees to the appellee, who was the successful party in a proceeding brought under his uninsured motorist policy. The latter point is controlled by Florida Farm Bureau Mutual Ins. Co. v. Quinones, 409 So.2d 97 (Fla. 3rd DCA 1982); accord, Travelers Indemnity Co. v. Chavis, 410 So.2d 992 (Fla. 3rd DCA 1982); contra, Spaulding v. American Fire & Indemnity Co., 412 So.2d 367 (Fla. 4th DCA 1981). Accordingly, the judgment and orders under review are

Affirmed.

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