CONTINENTAL ASSURANCE COMPANY OF CHICAGO, ILLINOIS, APPELLANT,
v.
JANIES M. ALBERT, APPELLEE
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The court held that no reversible error was committed by the trial court in directing a verdict for the defendant or in awarding attorney's fees.
The appellant sued the appellee, and the trial court directed a verdict for the appellee at the close of all evidence. The trial court also awarded at…
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This appeal is from a final judgment rendered after the trial court directed a verdict for the appellee, James M. Albert.
The appellant claims that error was committed by the trial court in directing a verdict for the plaintiff at the close of all the evidence. We have reviewed the record on appeal and do not find that reversible error was committed in this regard. See New York Life Ins. Co. v. Bird, 152 Fla. 532, 12 So.2d 454 (1943) ; New England Mut. Life Ins. Co. v. Huckins, 127 Fla. 540, 173 So. 696 (1937); Equitable Life Assur. Soc. v. McKeithan, 119 Fla. 486, 160 So. 883 (1935) ; Equitable Life Assurance Society of U. S. v. Neill, 243 F.2d 193 (5th Cir. 1957); and Blaustein v. Connecticut General Life Insurance Co., 207 F.Supp. 223 (D.D.C.1962).
Appellant’s last two points are directed toward the alleged error of the trial court in awarding attorney’s fees under the authority of Fla.Stat. § 627.0127, F.S.A. The order fixing the amount of attorney’s fees reflects that it was based on the sworn testimony of two local attorneys who were *81members of the Dade County Bar Association. No record of their testimony or of any evidence submitted at the hearing on attorney’s fees has been presented to this court. We are, therefore, unable to say that the trial court committed reversible error in this regard. See Wilder v. Altman, Fla.App.1965, 179 So.2d 250; Pence v. Ennis, Fla.App. 1964, 163 So.2d 330; and Pan American Metal Products, Inc. v. Healy, Fla.App. 1962, 138 So.2d 96. The final judgment herein appealed be and the same is hereby
Affirmed.
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Citator
Cited By
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In re Est. of Margaret B. Gerhart v. Belcher, 220 So. 2d 655 (Fla. 3d DCA 1969)…was made, this finding could not be contested. Wilder v. Altman, Fla.App.1965, 179 So. 2d 250; Alford v. Equitable Credit and Discount Company, Fla.App.1968, 212 So. 2d 354; Continental Assurance Company of Chicago, Illinois v. Albert, Fla.App.1968, 214 So. 2d 80. We fail to find that the probate judge committed any error in awarding the fee and requiring its payment from the dis-tributees’ share of the estate. If this were an expense that benefited the probate estate [the appellant’s point that it was erro…
Authorities Cited
- New England Mut. Life Ins. Co. v. Alden Huckins, 127 Fla. 540 (Fla. 1937)
- Eve Pence v. Ennis, 163 So. 2d 330 (Fla. 2d DCA 1964)
- NEW York Life Ins. Co. v. Bird, 152 Fla. 532 (Fla. 1943)
- Athas S. Curtis v. Simon, 138 So. 2d 96 (Fla. 3d DCA 1962)
- Wilder v. Altman, 179 So. 2d 250 (Fla. 3d DCA 1965)
- The Equitable Life Assurance Soc'y of the United States v. McKeithan, 119 Fla. 486 (Fla. 1935)
- The Equitable Life Assurance Soc'y of the United States v. Neill, 243 F.2d 193 (5th Cir. 1957)