AETNA CASUALTY & SURETY COMPANY, PETITIONER,
v.
C.B. HERBERT AND ANNIE HERBERT, RESPONDENTS

Fla. 5th DCA | 1998-03-13
No. 97-2314
W. SHARP and ANTOON, JJ., concur.
706 So. 2d 417 Florida District Court of Appeal, Fifth District (1998) Positive Treatment
Cited by 2 cases
Opinion of the Court
DAUKSCH, Judge.

DAUKSCH, Judge.

The same legal issue was raised in another certiorari proceeding, where this court held that in an action alleging a motor vehicle dealer’s violation of Florida’s Deceptive and Unfair Trade Practices Act, attorney’s fees could not be recovered from a surety bond which does not provide for such fees. The petition for writ of certiorari is therefore granted and the circuit court appellate decision is quashed. See Aetna Casualty & Surety Co. v. Hubbel, 704 So. 2d 1141 (Fla. 5th DCA 1998).

QUASHED.

W. SHARP and ANTOON, JJ., concur.

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  • Hubbel v. AETNA Cas. & Sur. Co., 758 So. 2d 94 (Fla. 2000)
    …and the amount awarded as losses for which Aetna was responsible. Aetna again sought review in the Fifth District, and the court relied on its decision in Hubbel to quash the circuit court’s appellate decision. See Aetna Cas. & Sur. Co. v. Herbert, 706 So. 2d 417, 417 (Fla. 5th DCA 1998). It is under these circumstances that the present cases come before this Court for resolution. II. ANALYSIS OF SECTION 320.27(10) AND SECTION 501.2105 A. PLAIN MEANING OF THE STATUTES Section 320.27(10)(a), Florida Statut…
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