ROBERT D. VAN BUSKIRK, INC., AND MORRIS J. WATSKY, APPELLANTS,
v.
SOUTHERN AMERICAN FIRE INSURANCE COMPANY, A FLORIDA CORPORATION, ET AL., APPELLEES

Fla. 4th DCA | 1973-04-17
No. 71-993
REED, C. J., OWEN and MAGER, JJ., concur.
276 So. 2d 213 Florida District Court of Appeal, Fourth District (1973)

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Holding

The court held that the appellants were entitled to attorney's fees under the controlling Supreme Court decision.


Facts & Procedural History

Appellants appealed the denial of attorney's fees after a judgment in their favor. The trial court denied fees based on a lower appellate court decisi…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

This is an appeal by Van Buskirk, plaintiff below, and Watsky, defendant and third party plaintiff below, from a final judgment entered in their favor and against Southern American Fire Insurance Company, defendant, and Cambridge Mutual-Fire Insurance Company, third party defendant. The sole point involved is the trial court’s denial of Van Buskirk’s and Watsky’s claim for attorney’s fees under Section 627.0127, F.S. (now Section 627.-428, F.S.1971, F.S.A.).

The trial court’s denial of attorney’s fees was predicated upon the prevailing decision in Southern American F. Ins. Co. v. All Ways Rel. Bldg. Main., Fla.App.1971, 251 So.2d 11, construing the application of Section 627.0127. Subsequent to the entry of the final judgment and during the pend-*214ency of this appeal the Supreme Court of Florida quashed the aforementioned decision and reinstated the award of attorney’s fees. All Ways Reliable Building Maintenance, Inc. v. Moore, Fla.1972, 261 So.2d 131. Based upon our review of the facts in the case sub judice we are of the opinion that the decision in All Ways Reliable Building Maintenance, Inc. v. Moore, supra, is controlling with respect to the appellants’ entitlement to attorney’s fees.1

Accordingly, that portion of the final judgment relating to attorney’s fees is reversed and the cause remanded to the trial court for further proceedings not inconsistent with this opinion.

Reversed and remanded.

REED, C. J., OWEN and MAGER, JJ., concur.


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