WABASH LIFE INSURANCE COMPANY OF INDIANAPOLIS, APPELLANT,
v.
BLANCHE ROSENBERG, HERBERT SCHNEIDER AND RUTH SCHNEIDER, APPELLEES
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
An insurance company appealed a summary judgment awarding beneficiaries $25,000 under an insurance policy, challenging the trial court's authority to award attorney fees in a subsequent order. The court held that the trial court retained jurisdiction to award attorney fees after the initial summary judgment and that such fees were properly assessed under Florida Statute 627.0127.
The trial court retained jurisdiction to award attorney fees after the summary judgment was entered, and the separate order assessing attorney fees on March 31, 1965, was not erroneous. The statute requires attorney fees to be included in the judgment or decree, but does not mandate they be assessed simultaneously with the initial judgment.
“Where so awarded compensation or fees of the attorney shall be included in the judgment or decree rendered in the case.”
Florida Statute 627.0127 requirement that attorney fees be included in the judgment; this provision does not mandate simultaneous assessment with the initial judgment.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceBeneficiaries brought an action against Wabash Life Insurance Company to recover $25,000 under an insurance binder receipt. The trial court granted th…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Action On Insurance Policy cases and more on FLexlaw
This was an action by beneficiaries under a certain insurance binder receipt, to recover the amount of the policy. Plaintiff’s motion for summary judgment was granted and summary judgment was entered against the defendant insurer for $25,000 on December 4, 1964, in the following language:
“Plaintiffs are granted judgment in the action and recover of and from the defendant the sum of Twenty Five Thousand ($25,000.00) Dollars together with interest, costs and attorneys fees to be hereafter set by the Court on proper application.”
Further in that order the court stated: “Final judgment shall be entered herein after the termination of the matters of interest attorney fees and costs.” Judgment for attorney fees and for the interest was entered by the Court on March 31, 1965.
Appellant contends appellee was not entitled to recover attorney fees in the judgment dated March 31, 1965, and that the trial Court lost jurisdiction to assess attorney fees when it failed to assess an amount for attorney fees in the summary judgment entered on December 4, 1964, because of last sentence of Section 627.0127, Florida Statutes, F.S.A., which provides: “Where so awarded compensation or fees of the attorney shall be included in the judgment or decree rendered in the case.”
In our opinion the summary judgment thus entered on December 4, 1964, held the beneficiaries were entitled to recover on the policy, and plaintiff became entitled also to recover attorney fees in such amount as the Court should allow, as provided for by the statute, Section 627.0127, Florida Statutes, F.S.A. The trial Court in the summary judgment retained jurisdiction to adjudge attorney fees against the defendant.
In Mid-Continent Casualty Company v. Giuliano, Fla.1964, 166 So.2d 443, the Supreme Court stated:
“Section 627.0127 authorizes a trial judge after judgment or decree against an insurance company upon a policy of insurance to adjudge a reasonable sum as fees or compensation to the beneficiary for the latter’s attorney.”
The trial court final judgment, dated March 31, 1965, for attorney fees and for the interest was not error and the trial court had jurisdiction to award attorney fees at that time.
For the reasons stated the judgment entered March 31, 1965, appealed from is affirmed.
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Wabash Life Ins. Co. of Indianapolis v. Rosenberg, 194 So. 2d 622 (Fla. 1966)…Certiorari denied without opinion. 189 So. 2d 209.…
-
Blue Cross OF Fla., Inc. v. Lutgardo Hernandez, 361 So. 2d 190 (Fla. 3d DCA 1978)…t was necessary to effect collection. Cf. Cincinnati Insurance Company v. Palmer, 297 So. 2d 96, 98 (Fla. 4th DCA 1974). The trial court had jurisdiction to award the fee upon settlement and post-judgment. Wabash Life Insurance Company v. Rosenberg, 189 So. 2d 209 (Fla. 3d DCA 1966). Affirmed.…
Authorities Cited
- Wabash Life Ins. Co. of Indianapolis v. Blanche Rosenberg, 177 So. 2d 538 (Fla. 3d DCA 1965)
- Mid-Continent Cas. Co. v. Giuliano, 166 So. 2d 443 (Fla. 1964)
- Thomas v. E. L. Thompson Co., 166 So. 2d 443 (Fla. 1964)