FLORIDA PHYSICIANS INSURANCE RECIPROCAL, APPELLANT,
v.
DELETHA SPOONER, HOOSHANG KADIVAR, M.D., AND HOOSHANG KADIVAR, M.D., P.A., APPELLEES
FLORIDA PHYSICIANS INSURANCE RECIPROCAL, APPELLANT,
DELETHA SPOONER, HOOSHANG KADIVAR, M.D., AND HOOSHANG KADIVAR, M.D., P.A., APPELLEES
470 So. 2d 793
Florida District Court of Appeal, Fourth District (1985)
Negative Treatment
Cited by 7 cases
Opinion of the Court
LETTS, Judge.
The only issue meriting discussion is the trial court’s order compelling the insurance company to defend. Such an order is erroneous since it is inappropriate to compel specific performance of an executory contract where the insured has an adequate remedy at law. See Biscayne Associates, Inc. v. Carson, 104 So. 2d 871 (Fla. 3d DCA 1958). Accordingly, we reverse and remand this action to the trial court to vacate the order compelling the insurer to defend.
REVERSED AND REMANDED.
GLICKSTEIN and WALDEN, JJ., concur.
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Bill Stroop Roofing, Inc. v. Metro. Dade Cnty., 788 So. 2d 365 (Fla. 3d DCA 2001)…tle or no guidance toward the right result here. On the other hand there are numerous case examples in which the courts have mandated the refund of illegally extracted monies. For example, in Broward County, Fla. Bd. of County Comm’rs v. Burnstein, 470 So. 2d 793 (Fla. 4th DCA 1985), the Fourth District Court held an occupational license tax invalid because of Bro-ward County’s failure to follow the proper procedure in establishing it, and ordered [*367] refunds for those years after the suit was filed. Simi…
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- Biscayne Assocs., Inc. v. Robe B. Carson and Margaret Carson, 104 So. 2d 871 (Fla. 3d DCA 1958)