TRAVELERS INSURANCE COMPANY, IRWIN BISHINS AND RUTH BISHINS, APPELLANTS,
v.
FRANCES WOHL, APPELLEE
TRAVELERS INSURANCE COMPANY, IRWIN BISHINS AND RUTH BISHINS, APPELLANTS,
FRANCES WOHL, APPELLEE
428 So. 2d 351
Florida District Court of Appeal, Third District (1983)
Positive Treatment
Cited by 8 cases
Opinion of the Court
FERGUSON, Judge.
Because the jury, in an action arising out of an automobile collision, made a special finding that plaintiff suffered neither permanent injury nor significant and permanent scarring or disfigurement, and the plaintiff did not allege or present evidence of loss of an important bodily function, the threshold requirements of Section 627.-737(2), Florida Statutes (1981) have not been satisfied, and the $20,000 damage award cannot stand.
Reversed and remanded with instructions to enter judgment for appellants.
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Clote RAY v. Travelers Ins. Co., 477 So. 2d 634 (Fla. 5th DCA 1985)…ested, innocent stakeholder, and that he has not instituted the action for his own protection. Drummond Title Company v. Weinroth, 77 So. 2d 606 (Fla.1955); Brown v. Marsh, 98 Fla. 253, 123 So. 762 (1929); [*638] Rafter v. Miami Gables Realty, Inc., 428 So. 2d 351 (Fla. 3d DCA 1983); Kurz, supra. Travelers did not meet these tests. The judgment is affirmed except insofar as it failed to award prejudgment interest to plaintiff, as to which it is reversed, with directions to calculate and award such interest t…
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Brock v. Bowein, 99 So. 3d 580 (Fla. 2d DCA 2012)…ging the action for interpleader. See Bache Halsey Stuart Shields Inc. v. Witous, 411 So. 2d 1324, 1326 (Fla. 2d DCA 1982); Ellison v. Riddle, 166 So. 2d 840, 841 (Fla. 2d DCA 1964); Rainess, 81 So. 3d at 514-15; Rafter v. Miami Gables Realty, Inc., 428 So. 2d 351, 352-54 (Fla. 3d DCA 1983). C. The Compulsory Counterclaim Issue Mr. Bowein argued that the Clerk’s action for interpleader was a compulsory counterclaim that the Clerk should have raised, if at all, in the putative class action filed in 2010. Mr.…
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Petsche v. The Prudential Ins. Co. OF Am., 607 So. 2d 514 (Fla. 2d DCA 1992)…. 2d 956, 961-62 (11th Cir.1986). See also Canakaris v. Canakaris, 382 So. 2d 1197, 1203 (Fla.1980). As to the cross appeal, we affirm the denial of the motion for attorney’s fees [*515] filed by Prudential. See Rafter v. Miami Gables Realty, Inc., 428 So. 2d 351, 354 (Fla. 3d DCA1983). Affirmed. RYDER and BLUE, JJ., concur.…
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