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

District Court of Appeal of Florida·Decided June 2, 1999·No. No. 98-236·Published

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.

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

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