All Dade Insurance v. Lincoln National Life Insurance

District Court of Appeal of Florida

All Dade Insurance v. Lincoln National Life Insurance

732 So. 2d 1214, 1999 Fla. App. LEXIS 7267, 1999 WL 345588

CourtDistrict Court of Appeal of Florida

DecidedJune 2, 1999

DocketNo. 98-236

StatusPublished

This text of 732 So. 2d 1214 (All Dade Insurance v. Lincoln National Life Insurance) 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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All Dade Insurance v. Lincoln National Life Insurance, 732 So. 2d 1214, 1999 Fla. App. LEXIS 7267, 1999 WL 345588 (Fla. Ct. App. 1999).

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Opinion

PER CURIAM.

Concluding that All Dade Insurance, Inc. [All Dade] was not a “hold-over” tenant, see Greentree Amusement Arcade, Inc. v. Greenacres Dev. Corp., 401 So.2d 915 (Fla. 4th DCA 1981), we reverse the final summary judgment as to damages entered in favor of Lincoln National Life Insurance Company. We also reverse the award of attorney’s fees pursuant to section 57.105(1), Florida Statutes (1997), against All Dade as there was a justicable issue of law raised by All Dade. See Florida Dept. of HRS v. Morse, 708 So.2d 640 (Fla. 3d DCA 1998). The cause is remanded for further proceedings consistent herewith.

Reversed and remanded.

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PER CURIAM.

Concluding that All Dade Insurance, Inc. [All Dade] was not a “hold-over” tenant, see Greentree Amusement Arcade, Inc. v. Greenacres Dev. Corp., 401 So.2d 915 (Fla. 4th DCA 1981), we reverse the final summary judgment as to damages entered in favor of Lincoln National Life Insurance Company. We also reverse the award of attorney’s fees pursuant to section 57.105(1), Florida Statutes (1997), against All Dade as there was a justicable issue of law raised by All Dade. See Florida Dept. of HRS v. Morse, 708 So.2d 640 (Fla. 3d DCA 1998). The cause is remanded for further proceedings consistent herewith.

Reversed and remanded.

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732 So. 2d 1214, 1999 Fla. App. LEXIS 7267, 1999 WL 345588, Counsel Stack Legal Research, https://law.counselstack.com/opinion/all-dade-insurance-v-lincoln-national-life-insurance-fladistctapp-1999.

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