Florida District Courts of Appeal, 1999

All Dade Insurance v. Lincoln National Life Insurance

All Dade Insurance v. Lincoln National Life Insurance
Florida District Courts of Appeal · Decided June 2, 1999 · Fletcher, Gersten, Goderich
732 So. 2d 1214; 1999 Fla. App. LEXIS 7267; 1999 WL 345588 (Southern Reporter, Second Series)

All Dade Insurance v. Lincoln National Life Insurance

Opinion of the Court

PER CURIAM.

Concluding that All Dade Insurance, Inc. [All Dade] was not a “hold-over” tenant, see Greentree Amusement Arcade, Inc. v. Greenacres Dev. Corp., 401 So.2d 915 (Fla. 4th DCA 1981), we reverse the final summary judgment as to damages entered in favor of Lincoln National Life Insurance Company. We also reverse the award of attorney’s fees pursuant to section 57.105(1), Florida Statutes (1997), against All Dade as there was a justicable issue of law raised by All Dade. See Florida Dept. of HRS v. Morse, 708 So.2d 640 (Fla. 3d DCA 1998). The cause is remanded for further proceedings consistent herewith.

Reversed and remanded.

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