Florida District Courts of Appeal, 2005

Essex Insurance Co. v. Burton

Essex Insurance Co. v. Burton
Florida District Courts of Appeal · Decided June 23, 2005 · Barfield, Benton, Hawkes
906 So. 2d 1157; 2005 Fla. App. LEXIS 9734; 2005 WL 1473611 (Southern Reporter, Second Series)

Essex Insurance Co. v. Burton

Opinion of the Court

BENTON, J.

We have consolidated appeals from two orders awarding attorneys’ fees in the same case below, orders predicated on section 627.428(1), Florida Statutes (2003) (“Upon the rendition of a judgment ... against an insurer and in favor of any ... insured ... the trial court ... shall adjudge ... [attorney’s fees] against the ... insurer.”). The lower court awarded fees after it entered declaratory judgment in case number 02-CA-94 against Essex Insurance Company, the appellant in each of these consolidated appeals.

We reversed the underlying declaratory judgment in Essex Ins. Co. v. Simpler and Burton, 30 Fla. L. 2005 WL 1682511 Weekly D77, — So.2d -, 2004 WL 2996790 (Fla. 1st DCA Dec.29, 2004) (concluding “that the policy issued to Simpler does not include coverage for the premises where Burton allegedly sustained her personal injuries”). We now reverse the fee awards based on the overturned judgment. See Allstate Ins. Co. v. Croakman, 591 So.2d 297, 298 (Fla. 1st DCA 1991) (“We must reverse the trial court’s final declaratory judgment that permitted appellees to collect ... benefits.... We must also [therefore] reverse the award of appellees’ attorneys’ fees which was dependent upon a judgment in their favor. Section 627.428(1), Fla.Stat. (1989).”).

Reversed.

BARFIELD and HAWKES, JJ., Concur.

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