Fortune Insurance Co. v. Iriban
Fortune Insurance Co. v. Iriban
593 So. 2d 598; 1992 Fla. App. LEXIS 1050; 1992 WL 21864
(Southern Reporter, Second Series)
Fortune Insurance Co. v. Iriban
Opinion of the Court
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.