DONALD EDMOND WINES, APPELLANT,

v.

THE STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Gov't Emps. Ins. Co. v. Grounds, 311 So. 2d 164 (Fla. 1st DCA 1975)
  …ificate attached to the complaint. It is thus obvious that said § 627.428 is not applicable and an attorney’s fee for appellee’s attorney is not authorized. Appellee cites and relies upon General Insurance Company of America v. Roth, Fla.App. (3d), 233 So. 2d 662. We, however, agree with the opinion of the Fourth District Court of Appeal in Pan-American Life Insurance Company v. Fuentes, Fla. App. (4th), 258 So. 2d 8, where that court stated as follows in rejecting the ruling made by the Third District Court…

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• Mass. Indem. & Life Ins. Co. v. Schupper, 301 So. 2d 789 (Fla. 3d DCA 1974)
  ….S.A. in this suit upon the subject policy which was neither issued nor delivered nor intended to be delivered in the State of Florida. We cannot agree. Simply, we adhere to our holding in General Insurance Company of America v. Roth, Fla.App.1970, 233 So. 2d 662 that § 627.428, Fla.Stat., F.S.A., which provides for the award of attorneys’ fees upon the rendition of a judgment against an insurer and in favor of the insured under an insurance policy, is procedural in nature and applicable to an insurance cont…
• Pan-American Life Ins. Co. v. Diaz, 322 So. 2d 549 (Fla. 1975)
  …I concur specially, as I did in Bennett v. State, 316 So. 2d 41, Fla.1975, to note what I perceive to be the effect of our decision on other Florida precedents. I believe our decision today necessarily overrules General Ins. Co. of America v. Roth, 233 So. 2d 662 (3d DCA Fla.1970). ADKINS, C. J., and OVERTON, J., concur.…

Authorities Cited

• Fields v. State, 160 Fla. 877 (Fla. 1948)