CARLOS SIERRA AND LILIA SIERRA, APPELLANTS,
v.
ALLSTATE INSURANCE COMPANY, APPELLEE
Explore caselaw by topic → Browse Prevailing Party Attorney'S Fees cases and more on FLexlaw
SHEVIN, Judge.
We reverse the order denying insureds Carlos and Lilia Sierra entitlement to appellate attorney’s fees. In Allstate Ins. Co. v. Sierra, 705 So. 2d 119 (Fla. 3d DCA 1998), this court affirmed an order awarding the Sierras the appraisal they sought in their declaratory judgment action against Allstate Insurance Company. We also granted the Sierras appellate attorney’s fees in a separate order that read: “Upon consideration of the motion for attorney’s fees filed by the [Sierras], it is ordered that said motion is granted and remanded to the trial court to fix amount.”
An insured who obtains a declaratory judgment compelling appraisal is the prevailing party and is therefore entitled to attorney’s fees. See Latin Am. Property & Cas. Ins. Co. v. Pastor, 561 So. 2d 1302 (Fla. 3d DCA 1990); State Farm Mut. Auto. Ins. Co. v. Stack, 543 So. 2d 782 (Fla. 3d DCA 1989). Thus, we must conclude that the trial court erred in denying the Sierras’ entitlement to fees.
Based on the foregoing, we reverse the order denying fees and remand for the court to award the Sierras fees.
Reversed and remanded.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Liberty Mut. Ins. Co. v. Alvarez, 785 So. 2d 700 (Fla. 3d DCA 2001)…d effecting payment of a previous award of fees, as provided both by an order agreed to by both parties and by section 627.428, Florida Statutes (2000). See State Farm Fire & Cas. Co. v. Palma, 629 So. 2d 830 (Fla.1993); Sierra v. Allstate Ins. Co., 725 So. 2d 403 (Fla. 3d DCA 1998), overruled on other issue in United States [*702] Fidelity & Guar. Co. v. Romay, 744 So. 2d 467 (Fla. 3d DCA 1999). The cause is remanded with directions to strike the pre-judgment interest award and for the determination of the…
Authorities Cited
- State Farm Mut. Auto. Ins. Co. v. Stack, 543 So. 2d 782 (Fla. 3d DCA 1989)
- Allstate Ins. Co. v. Sierra, 705 So. 2d 119 (Fla. 3d DCA 1998)
- Hoyt v. ST. Lucie Cnty., 705 So. 2d 119 (Fla. 4th DCA 1998)
- Latin Am. Prop. & Cas. Ins. Co. v. Anibal Pastor, 561 So. 2d 1302 (Fla. 3d DCA 1990)