Supreme Court of Florida, 1943

Metropolitan Life Insurance v. Jenkins

Supreme Court of Florida · Decided May 21, 1943 · Buford, Terrell, Chapman, Adams

13 So. 2d 610; 153 Fla. 53; 1943 Fla. LEXIS 545 (Southern Reporter, Second Series)

Cases that cite this one

5 later published cases cite this decision.

Rutkin v. State Farm Mutual Automobile Insurance (Fla. Dist. Ct. App. 1968)
Southern Life & Health Insurance Company v. Medley (Fla. Dist. Ct. App. 1964)
GRAND ASSEMBLY, ETC. v. New Amsterdam Casualty Co. (Fla. Dist. Ct. App. 1958)
John T. Wood Homes, Inc. v. Air Control Products, Inc. (Fla. Dist. Ct. App. 1965)
Boston Insurance Company v. Smith (Fla. Dist. Ct. App. 1963)

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:

On April 26, 1943, we denied appellee’s petition for attorney’s fee and cost incurred in this Court in the defence of the judgment before us in this case on appeal. In our order we stated that it was denied without prejudice. Appellee has now petitioned us to clarify our order insofar as it is without prejudice.

Appellee bases her petition for attorney’s fee upon Section 625.08, Fla. Stat. 1941. We hold that this section does not authorize the allowance of an attorney’s fee in defending a judgment on appeal. Therefore the petition for clarification is granted; the order entered April 26, 1943, is vacated and the petition for attorney’s fee is denied.

BUFORD, C. J., TERRELL, CHAPMAN and ADAMS, JJ., concur.

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