Vorse v. American Bankers Life Assurance Co. of Florida

Florida District Courts of Appeal
Vorse v. American Bankers Life Assurance Co. of Florida, 415 So. 2d 91 (1982)
1982 Fla. App. LEXIS 20793
Beranek, Glickstein, Letts

Vorse v. American Bankers Life Assurance Co. of Florida

Opinion of the Court

PER CURIAM.

At issue is whether a post-judgment order denying attorney’s fees to a plaintiff who recovered a judgment against an insurance company as a second beneficiary of a credit life insurance policy is inconsistent with that judgment and should be reversed. We hold that it is.

Appellee chose not to appeal the final judgment entered in behalf of appellant and it is superfluous to comment upon the correctness of the court’s earlier decision. The judgment having been entered, section 627.428(1), Florida Statutes (1979), compels the award of an attorney’s fee.

Accordingly, we reverse and remand with directions to determine the amount of attorney’s fees to which appellant is entitled.

LETTS, C. J., and BERANEK and GLICKSTEIN, JJ., concur.

Reference

Full Case Name
Robert B. VORSE v. AMERICAN BANKERS LIFE ASSURANCE COMPANY OF FLORIDA
Cited By
1 case
Status
Published