RICHARD M. WATERS, PETITIONER,
v.
STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, RESPONDENT
RICHARD M. WATERS, PETITIONER,
STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, RESPONDENT
408 So. 2d 1044
Florida Supreme Court (1982)
Caution
Cited by 20 cases
Opinion of the Court
BOYD, Justice.
This cause is before the Court on petition for review grounded upon conflict of decisions. Waters v. State Farm Mutual Automobile Insurance Co., 393 So. 2d 1203 (Fla. 2d DCA 1981). We have jurisdiction. Art. V, § 3(b)(3), Fla.Const. The decision of the district court of appeal, 393 So. 2d 1203 is quashed on the authority of Hartford Accident & Indemnity Co. v. Lackore, 408 So. 2d 1040 (1982). The case is remanded to the district court for further consideration consistent with that opinion.
It is so ordered.
SUNDBERG, C. J., and ADKINS, OVER-TON, ALDERMAN and McDONALD, JJ., concur.
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Shores Supply Co. v. AETNA Cas. & Sur. Co., Inc., 524 So. 2d 722 (Fla. 3d DCA 1988)…the larger verdict and thus could recover attorney’s fees under section 713.-29, Florida Statutes (1987). Although this argument at first glance appears persuasive and sound, it is flawed. In Julian E. Johnson & Sons, Inc. v. Balboa Insurance Co., 408 So. 2d 1044 (Fla.1982), the supreme court concluded that when a lien is substituted by a bond, the statute which governs the assessment of attorney’s fees is not the prevailing party provision under section 713.29, but the insurance provisions under sections 62…
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Fitzgerald & Co., Inc. v. Roberts Elec. Contractors, Inc., 533 So. 2d 789 (Fla. 1st DCA 1988)…the verdict before a judgment is rendered, thereby avoiding statutorily prescribed attorney’s fees. It is well settled that attorney’s fees may be recovered only as provided by contract or statute. Julian E. Johnson & Sons v. Balboa Insurance Co., 408 So. 2d 1044, 1048 (Fla.1982). A determination of the applicable statutory provision under which attorney’s fees may be claimed depends upon the main cause of action. Id., at 1046. Thus, a claim for attorney’s fees in an action to enforce a mechanic’s lien will…
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Willey v. M.K. Roark, Inc., 616 So. 2d 1140 (Fla. 4th DCA 1993)…Appellant contends he was entitled to attorney’s fees pursuant to section 627.428, Florida Statutes (1990), and section 627.756, Florida Statutes (1990).1 [*1142] We agree. The supreme court in Julian E. Johnson & Sons, Inc. v. Balboa Insurance Co., 408 So. 2d 1044 (Fla.1982), noted that section 627.756 specifically fails to mention actions to enforce equitable or statutory liens in favor of owners, subcontractors, laborers and materialmen. Id. at 1045. In contrast, section 713.29 is expressly limited to “any…
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- Hartford Accident & Indem. Co. v. Lackore, 408 So. 2d 1040 (Fla. 1982)
- Waters v. State Farm Mut. Auto. Ins. Co., 393 So. 2d 1203 (Fla. 2d DCA 1981)