Aetna Casualty & Surety Co. v. Herbert

District Court of Appeal of Florida

Aetna Casualty & Surety Co. v. Herbert

706 So. 2d 417, 1998 Fla. App. LEXIS 2479, 1998 WL 106981

CourtDistrict Court of Appeal of Florida

DecidedMarch 13, 1998

DocketNo. 97-2314

StatusPublished

Cited by1 cases

This text of 706 So. 2d 417 (Aetna Casualty & Surety Co. v. Herbert) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Aetna Casualty & Surety Co. v. Herbert, 706 So. 2d 417, 1998 Fla. App. LEXIS 2479, 1998 WL 106981 (Fla. Ct. App. 1998).

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Opinion

DAUKSCH, Judge.

The same legal issue was raised in another certiorari proceeding, where this court held that in an action alleging a motor vehicle dealer’s violation of Florida’s Deceptive and Unfair Trade Practices Act, attorney’s fees could not be recovered from a surety bond which does not provide for such fees. The petition for writ of certiorari is therefore granted and the circuit court appellate decision is quashed. See Aetna Casualty & Surety Co. v. Hubbel, 704 So.2d 1141 (Fla. 5th DCA 1998).

QUASHED.

W. SHARP and ANTOON, JJ., concur.

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DAUKSCH, Judge.

The same legal issue was raised in another certiorari proceeding, where this court held that in an action alleging a motor vehicle dealer’s violation of Florida’s Deceptive and Unfair Trade Practices Act, attorney’s fees could not be recovered from a surety bond which does not provide for such fees. The petition for writ of certiorari is therefore granted and the circuit court appellate decision is quashed. See Aetna Casualty & Surety Co. v. Hubbel, 704 So.2d 1141 (Fla. 5th DCA 1998).

QUASHED.

W. SHARP and ANTOON, JJ., concur.

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706 So. 2d 417, 1998 Fla. App. LEXIS 2479, 1998 WL 106981, Counsel Stack Legal Research, https://law.counselstack.com/opinion/aetna-casualty-surety-co-v-herbert-fladistctapp-1998.

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