STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, A FOREIGN CORPORATION, PETITIONER,
v.
JAMES T. CARRICO, JR., AND MAYME CARRICO, RESPONDENTS
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The Florida Supreme Court denied a petition for certiorari, finding no jurisdictional conflict after its prior ruling in a related case. The court also awarded attorney's fees to the respondents.
No jurisdictional conflict exists, and therefore the petition for certiorari is denied. Attorney's fees are awarded to the respondents.
“Since the filing of the petition for certiorari in the instant case, we have quashed the order of the District Court of Appeal, Third District, in Tuggle.”
Establishes that the basis for the alleged jurisdictional conflict had been resolved by the Supreme Court's prior ruling.
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Petitioner seeks review of a decision of the District Court of Appeal, Fourth District, because of an alleged conflict with the decision of the District Court of Appeal, Third District in Tuggle v. Government Employees Insurance Company, 185 So.2d 487 (D.C.A.3d, Fla.1966). Since the filing of the petition for certiorari in the instant case, we have quashed the order of the District Court of Appeal, Third District, in Tuggle. See Tuggle v. Government Employees Insurance Company, Fla., 207 So.2d 674, opinion filed January 31, 1968. Therefore, on the authority of our opinion in Tuggle, supra, the petition for certiorari herein is hereby denied.
The respondents have moved for an award of a reasonable fee for the services of their attorneys in this Court. The petition for certiorari has been denied for lack of jurisdiction without the necessity of a brief on the merits or oral argument. Pursuant to the provisions of Section 627.-0127, Fla.Stat., F.S.A. (Section 1, Chapter 67-400, Laws of Florida) the respondents are awarded the sum of $250.00 as a reasonable fee for their attorneys to be paid by the petitioner.
It is so ordered.
ROBERTS, DREW, THORNAL and ADAMS, JJ., concur.
CALDWELL, C. J., and THOMAS and ERVIN, JJ., dissent as to attorneys’ fees.
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Stuyvesant Ins. Co. v. Johnson, 307 So. 2d 229 (Fla. 4th DCA 1975)…Insurance Co., Fla.1968, 207 So. 2d 674, 24 A.L.R.3d 1343; United States Fidelity & Guaranty Co. v. Humphries, Fla.App.1968, 215 So. 2d 35; State Farm Mutual Automobile Insurance Co. v. Carrico, Fla.App.1967, 200 So. 2d 265 (cert. denied, Fla.1968, 211 So. 2d 14); Phoenix Insurance Co. v. Kincaid, Fla.App.1967, 199 So. 2d 770. . E. g., Southeast Title & Insurance Co. v. Austin, Fla.1967, 202 So. 2d 179; Standard Accident Insurance Co. v. Gavin, Fla.App.1966, 184 So. 2d 229, 24 A.L.R.3d 1359 (cert. dism., F…
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Charles Morand, M.D. v. Stoneburner, 516 So. 2d 270 (Fla. 5th DCA 1987)…appeal is separate and apart from its jurisdiction to hear the merits of a particular case. We note a line of cases represented by National Union Fire Ins. Co. v. Brown, 211 So. 2d 13 (Fla.1968) and State Farm Mutual Automobile Ins. Co. v. Carrico, 211 So. 2d 14 (Fla.1968), have upheld the recovery of attorney’s fees from insurance carriers by prevailing insureds, where the carrier’s petition for certiorari review is denied in the supreme court for lack of jurisdiction. It would seem that these cases are in…
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Nat'l Union Fire Ins. Co. OF Pittsburgh v. Brown, 211 So. 2d 13 (Fla. 1968)…rgument. Therefore, pursuant to the provisions of the above section, the respondent is awarded the sum of $250.00 as a reasonable fee for his attorney to be paid by the petitioner. Cf. State Farm Mutual Automobile Insurance Company v. Carrico, Fla., 211 So. 2d 14, opinion filed May 29, 1968. It is so ordered. ROBERTS, DREW, THORNAL and ADAMS, JJ., concur. ERVIN, J., dissents as to award of attorney’s fee with Opinion. CALDWELL, C. J., and THOMAS, J., dissent as to award of attorney’s fee and agree with E…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Eldred L. Tuggle and Catherine Tuggle v. Gov't Emps. Ins. Co., 207 So. 2d 674 (Fla. 1968)
- Eldred L. Tuggle and Catherine Tuggle v. Gov't Emps. Ins. Co., 185 So. 2d 487 (Fla. 3d DCA 1966)