AETNA CASUALTY & SURETY CO., APPELLANT,
v.
FIRST UNION NATIONAL BANK OF FLORIDA, APPELLEE
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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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Nunez v. State, 721 So. 2d 346 (Fla. 2d DCA 1998)…o the facts of this case. SENTENCE Nunez contends that the court erred in adding 120 points to his sentencing score-sheet for the death of the victim because death is an element of his offense. We recently rejected this argument in Wendt v. State, 711 So. 2d 1166 (Fla. 2d DCA 1998) (en bane). Therefore, we affirm on this point. Nunez’s second sentencing argument is that his downward departure sentence improperly exceeded the statutory maximum.4 We agree. Vehicular homicide is a third degree felony, which h…
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Sims v. State, 869 So. 2d 45 (Fla. 5th DCA 2004)…in cases where the injury is an element of the crime. See, e.g., Whipple v. State, 789 So. 2d 1132, 1138 (Fla. 4th DCA 2001); Trombley v. State, 754 So. 2d 121 (Fla. 5th DCA 2000); Scholz v. State, 734 So. 2d 526 (Fla. 4th DCA 1999); Wendt v. State, 711 So. 2d 1166 (Fla. 2d DCA 1998); Martinez v. State, 692 So. 2d 199 (Fla. 3d DCA), review dismissed, 697 So. 2d 1217 (Fla.1997). Finally, we do not disagree with the general legal theory articulated in the dissenting opinion. Our disagreement stems only from a v…
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Scholz v. State, 734 So. 2d 526 (Fla. 4th DCA 1999)…sentencing guidelines scoresheet. Appellant contends that the addition of victim injury points constitutes “double scoring” because death of a victim is an element of DUI manslaughter. We disagree and affirm appellant’s sentence. See Wendt v. State, 711 So. 2d 1166, 23 Fla. L. Weekly D896 (Fla. 2d DCA 1998) and Martinez v. State, 692 So. 2d 199 (Fla. 3d DCA), review denied, 697 So. 2d 1217 (Fla.1997). Appellant further argues that the trial court erred in refusing to order a downward departure sentence. Cont…
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