Fitzgerald v. Allstate Insurance Co.

District Court of Appeal of Florida

Fitzgerald v. Allstate Insurance Co.

549 So. 2d 821, 14 Fla. L. Weekly 2420, 1989 Fla. App. LEXIS 5598, 1989 WL 118599

CourtDistrict Court of Appeal of Florida

DecidedOctober 11, 1989

DocketNo. 88-0303

StatusPublished

This text of 549 So. 2d 821 (Fitzgerald v. Allstate Insurance Co.) 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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Fitzgerald v. Allstate Insurance Co., 549 So. 2d 821, 14 Fla. L. Weekly 2420, 1989 Fla. App. LEXIS 5598, 1989 WL 118599 (Fla. Ct. App. 1989).

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Opinion

PER CURIAM.

We reverse the amended final judgment based on the issue raised in the cross-appeal, and remand for the trial court to enter judgment in favor of Allstate Insurance Company as' the prevailing party. See Government Employees Insurance Co. v. Brewton, 538 So.2d 1375 (Fla. 4th DCA 1989). Additionally, we vacate the December 15th order denying Allstate’s motion to tax costs, noting that the notice of appeal was filed within thirty days of the original judgment. In all other respects, the amended final judgment is affirmed.

DOWNEY, DELL and STONE, JJ., concur.

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PER CURIAM.

We reverse the amended final judgment based on the issue raised in the cross-appeal, and remand for the trial court to enter judgment in favor of Allstate Insurance Company as' the prevailing party. See Government Employees Insurance Co. v. Brewton, 538 So.2d 1375 (Fla. 4th DCA 1989). Additionally, we vacate the December 15th order denying Allstate’s motion to tax costs, noting that the notice of appeal was filed within thirty days of the original judgment. In all other respects, the amended final judgment is affirmed.

DOWNEY, DELL and STONE, JJ., concur.

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Bluebook (online)

549 So. 2d 821, 14 Fla. L. Weekly 2420, 1989 Fla. App. LEXIS 5598, 1989 WL 118599, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fitzgerald-v-allstate-insurance-co-fladistctapp-1989.

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