AMERICAN UNITED INSURANCE COMPANY, APPELLANT,
v.
THOMAS J. RYAN, APPELLEE
AMERICAN UNITED INSURANCE COMPANY, APPELLANT,
THOMAS J. RYAN, APPELLEE
549 So. 2d 1039
Florida District Court of Appeal, Fourth District (1989)
Positive Treatment
Cited by 3 cases
Opinion of the Court
PER CURIAM.
We affirm the decision of the trial court on the basis of this court’s decision in International Bankers Insurance Co. v. Arnone, 528 So. 2d 917 (Fla. 4th DCA 1988).
This court notes that the Supreme Court of Florida has granted discretionary review of International Bankers, based upon direct conflict with Industrial Fire and Casualty Insurance Co. v. Cowan, 364 So. 2d 810 (Fla. 3d DCA 1978), and Thibodeau v. Allstate Insurance Co., 391 So. 2d 805 (Fla. 5th DCA 1980). Therefore, we certify to the Supreme Court that our decision in this case is also in direct conflict with those decisions.
LETTS, WARNER and GARRETT, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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TGI Friday's, Inc. v. Dvorak, 663 So. 2d 606 (Fla. 1995)…atutes such as section 768.79, which authorize an award of attorney fees, must be strictly construed. Gershuny v. Martin McFall Messenger Anesthesia Professional Ass’n, 539 So. 2d 1131 (Fla. 1989); DeRosa v. Shands Teaching Hospital & Clinics, Inc., 549 So. 2d 1039 (Fla. 1st DCA 1989). Moreover, this attorney-fee provision is a sanction for failing to settle for the amount of a demand or offering. See Leapai v. Milton, 595 So. 2d 12, 15 (Fla.1992); Florida Bar re Amendment to Rules of Civil Procedure, Rule l.4…
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Gordon T. Couch, M.D. v. Drew, 554 So. 2d 1185 (Fla. 1st DCA 1989)…o the deterrent effect intended by the Legislature to result from the operation of Section 768.56. Further, as an enactment providing for attorney’s fees, the statute must be strictly construed. DeRosa v. Shands Teaching Hospital and Clinics, Inc., 549 So. 2d 1039 (Fla. 1st DCA 1989). Section 768.56 does not qualify the mandatory requirement of a fee award by any reference to insurance coverage of those fees, but only by the insolvence or poverty of the losing party. This is further evidence that the statute…
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Am. United Ins. Co. v. Ryan, 557 So. 2d 32 (Fla. 1990)…BARKETT, Justice. We have for review American United Insurance Co. v. Ryan, 549 So. 2d 1039 (Fla. 4th DCA 1989), certified to conflict with Industrial Fire and Casualty Insurance Co. v. Cowan, 364 So. 2d 810 (Fla. 3d DCA 1978), disapproved, Govan v. International Bankers Insurance Co., 521 So. 2d 1086 (Fla.1988), and Thibodeau v. Allstate…
Authorities Cited
- Indus. Fire & Cas. Ins. Co. v. Cowan, 364 So. 2d 810 (Fla. 3d DCA 1978)
- Thibodeau v. Allstate Ins. Co., 391 So. 2d 805 (Fla. 5th DCA 1980)
- Int'l Bankers Ins. Co. v. Arnone, 528 So. 2d 917 (Fla. 4th DCA 1988)