AIDA DEL VALLE, PETITIONER,
v.
TRINA TOLSON, RESPONDENT

Fla. 2d DCA | 2007-11-09
No. 2D06-5270
WHATLEY and CASANUEVA, JJ„ Concur.
969 So. 2d 1121 Florida District Court of Appeal, Second District (2007) Caution
Cited by 17 cases
Opinion of the Court
CANADY, Judge.

CANADY, Judge.

Aida Del Valle seeks certiorari review of an interlocutory order entered by the circuit court in a civil appellate proceeding, contending that the order is inconsistent with the provisions of a local rule of court. This certiorari petition presents the same issue we have addressed in Jimenez v. Rateni, 967 So. 2d 1075 (Fla. 2d DCA 2007). For the same reasons that we granted relief in Jimenez, we grant Del Valle’s petition and quash the circuit court’s interlocutory order. Petition granted.

WHATLEY and CASANUEVA, JJ„ Concur.

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  • Jerkins v. USF & G Specialty Ins. Co., 982 So. 2d 15 (Fla. 5th DCA 2008)
    …r this purpose, Florida courts have held that “[a]n insurer will owe attorney’s fees to its insured where coverage is disputed and the insured prevails whether by judgment or a confession of judgment.” First Floridian Auto & Home Ins. Co. v. Myrick, 969 So. 2d 1121, 1124 (Fla. 2d DCA 2007); see also Ivey v. Allstate Ins. Co., 774 So. 2d 679 (Fla.2000); Wollard v. Lloyd’s & Cos. of Lloyd’s, 439 So. 2d 217 (Fla.1983). Generally, “[pjayment made after a suit is filed operates as a confession of judgment.” Myrick…
  • Clifton v. United Cas. Ins. Co. of Am., 31 So. 3d 826 (Fla. 2d DCA 2010)
    …y “ ‘to penalize an insurance company for wrongfully causing its insured to resort to litigation in order to resolve a conflict with its insurer when it was within the company’s power to resolve it.’ ” First Floridian Auto & Home Ins. Co. v. Myrick, 969 So. 2d 1121, 1124 (Fla. 2d DCA 2007) (quoting Bassette v. Standard Fire Ins. Co., 803 So. 2d 744, 746 (Fla. 2d DCA 2001)) (emphasis added). Accordingly, the question of whether an insurer’s post-suit payment of additional policy proceeds constitutes a confessio…
  • Lewis v. Universal Prop. & Cas. Ins. Co., 13 So. 3d 1079 (Fla. 4th DCA 2009)
    …e insured recovers substantial additional sums. See, e.g., Goff v. State Farm Fla. Ins. Co., 999 So. 2d 684 (Fla. 2d DCA 2008); Jerkins v. USF & G Specialty Ins. Co., 982 So. 2d 15 (Fla. 5th DCA 2008); First Floridian Auto & Home Ins. Co. v. Myrick, 969 So. 2d 1121 (Fla. 2d DCA 2007), review denied, 980 So. 2d 489 (Fla.2008); Ajmechet v. United Auto. Ins. Co., 790 So. 2d 575 (Fla. 3d DCA 2001). Underlying these decisions is the notion that the insureds were entitled to fees as the insureds “did not ‘race to th…

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