ROBERT D. VAN BUSKIRK, INC., AND MORRIS J. WATSKY, APPELLANTS,
v.
SOUTHERN AMERICAN FIRE INSURANCE COMPANY, A FLORIDA CORPORATION, ET AL., APPELLEES
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The court held that the appellants were entitled to attorney's fees under the controlling Supreme Court decision.
Appellants appealed the denial of attorney's fees after a judgment in their favor. The trial court denied fees based on a lower appellate court decisi…
The full statement of facts, procedural history, and disposition for this case are member content.
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This is an appeal by Van Buskirk, plaintiff below, and Watsky, defendant and third party plaintiff below, from a final judgment entered in their favor and against Southern American Fire Insurance Company, defendant, and Cambridge Mutual-Fire Insurance Company, third party defendant. The sole point involved is the trial court’s denial of Van Buskirk’s and Watsky’s claim for attorney’s fees under Section 627.0127, F.S. (now Section 627.-428, F.S.1971, F.S.A.).
The trial court’s denial of attorney’s fees was predicated upon the prevailing decision in Southern American F. Ins. Co. v. All Ways Rel. Bldg. Main., Fla.App.1971, 251 So.2d 11, construing the application of Section 627.0127. Subsequent to the entry of the final judgment and during the pend-*214ency of this appeal the Supreme Court of Florida quashed the aforementioned decision and reinstated the award of attorney’s fees. All Ways Reliable Building Maintenance, Inc. v. Moore, Fla.1972, 261 So.2d 131. Based upon our review of the facts in the case sub judice we are of the opinion that the decision in All Ways Reliable Building Maintenance, Inc. v. Moore, supra, is controlling with respect to the appellants’ entitlement to attorney’s fees.1
Accordingly, that portion of the final judgment relating to attorney’s fees is reversed and the cause remanded to the trial court for further proceedings not inconsistent with this opinion.
Reversed and remanded.
REED, C. J., OWEN and MAGER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- ALL Ways Reliable Bldg. Maint., Inc. v. Moore, 261 So. 2d 131 (Fla. 1972)
- Chance v. State, 251 So. 2d 11 (Fla. 4th DCA 1971)
- S. Am. Fire Ins. Co. v. ALL Ways Reliable Bldg. Maint., Inc., 251 So. 2d 11 (Fla. 4th DCA 1971)