Florida District Courts of Appeal, 1998

Aetna Casualty & Surety Co. v. First Union National Bank of Florida

Aetna Casualty & Surety Co. v. First Union National Bank of Florida
Florida District Courts of Appeal · Decided March 25, 1998 · Levy, Nesbitt, Sorondo
711 So. 2d 1166; 1998 Fla. App. LEXIS 2895 (Southern Reporter, Second Series)

Aetna Casualty & Surety Co. v. First Union National Bank of Florida

Opinion of the Court

PER CURIAM.

The record herein fails to reflect substantial competent evidence to support the appel-lee’s contention that it incurred attorney’s fees as a result of the appellant’s failure to pay, or delay in paying, the $210,000.00 that appellant owed to appellee by virtue of the default of the borrower. Rather, it is clear from the record that, even if the appellant had immediately paid the $210,000.00 in question, the appellee would have incurred all of the attorney’s fees that it did, in fact, incur because of appellee’s lawsuit against the borrower wherein appellee sought to recover $2.6 million and, in addition, the fact that appellee further incurred attorney’s fees in defending against the counter-claim filed by the borrower in an amount in excess of $20 million. Accordingly, the order under review is reversed and this cause is remanded for the purpose of allowing the trial court to enter such orders as are appropriate and consistent herewith.

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