BLUE CROSS AND BLUE SHIELD OF FLORIDA, INC., APPELLANT,
v.
DEBORAH JO WALTERS, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF ROBERT C. LUMSDEN, APPELLEE
BLUE CROSS AND BLUE SHIELD OF FLORIDA, INC., APPELLANT,
DEBORAH JO WALTERS, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF ROBERT C. LUMSDEN, APPELLEE
454 So. 2d 38
Florida District Court of Appeal, Third District (1984)
Negative Treatment
Cited by 18 cases
Opinion of the Court
PER CURIAM.
We hold that the trial court erred in entering final summary judgment. The record discloses the existence of genuine issues of material fact as to the coverage and exclusion provisions at issue under the subject insurance policy. Holl v. Talcott, 191 So. 2d 40 (Fla.1966); Proprietors Insurance Co. v. Siegel, 410 So. 2d 993 (Fla. 3d DCA 1982).
Reversed and remanded.
Cases With Similar Vibessemantic neighbors from the corpus
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Heineken v. Heineken, 683 So. 2d 194 (Fla. 1st DCA 1996)….1970) (approving view that a pleading was an appearance because it requested attorney’s fees). Florida decisions have likewise characterized the award of attorney’s fees as affirmative relief. See, e.g., River Road Constr. Co. v. Ring Power Corp., 454 So. 2d 38, 41 (Fla. 1st DCA 1984) (holding that in absence of prayer for attorney’s fees, trial court should have excluded a purported agreement to pay attorney’s fees because “there is ample opportunity for the party seeking affirmative relief to plead his c…
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Nour v. ALL State Pipe Supply Co., 487 So. 2d 1204 (Fla. 1st DCA 1986)…ntly based upon contract. Accordingly, this claim must be pled and proved as part of the damages claimed, and the entitlement to and amount recoverable are issues to be determined on remand. River Road Construction Company v. Ring Power Corporation, 454 So. 2d 38 (Fla. 1st DCA 1984). The record and the briefs filed here by both parties are totally inadequate to merit further discussion of the attorney’s fee issue by this court. Appellant has shown no abuse of discretion in the trial court’s denial of his m…
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George v. Northcraft, 476 So. 2d 758 (Fla. 5th DCA 1985)…by the Georges, and their [*759] subsequent motion for an award of attorney’s fees pursuant to the contract2 was denied by the trial court. We affirm. We agree with out sister court’s holding in River Road Construction Company v. Ring Power Corp., 454 So. 2d 38 (Fla. 1st DCA 1984). A party who accepts an offer of judgment may be á “prevailing party” pursuant to Rule 1.442, and entitled to recover attorney’s fees accruing prior to the offer.3 However, the award of attorney’s fees allowable pursuant to a con…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Gory Roofing Tile Mfg., Inc. v. Davison, 191 So. 2d 40 (Fla. 1966)
- Foust v. State, 410 So. 2d 993 (Fla. 3d DCA 1982)