Florida District Courts of Appeal, 1992

Fortune Insurance Co. v. Iriban

Florida District Courts of Appeal · Decided February 11, 1992 · Baskin, Jorgenson, Levy

593 So. 2d 598; 1992 Fla. App. LEXIS 1050; 1992 WL 21864 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

Tristar Lodging, Inc. v. Arch Speciality Insurance (United States District Court for the Middle District of Florida 2006)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM.

We reverse the final judgment awarding attorney’s fees to plaintiffs 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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.