Maine Insurance v. Raser

District Court of Appeal of Florida

Maine Insurance v. Raser

240 So. 2d 163, 1970 Fla. App. LEXIS 5552

CourtDistrict Court of Appeal of Florida

DecidedOctober 27, 1970

DocketNos. 69-1000, 70-62 and 70-63

StatusPublished

Cited by4 cases

This text of 240 So. 2d 163 (Maine Insurance v. Raser) 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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Maine Insurance v. Raser, 240 So. 2d 163, 1970 Fla. App. LEXIS 5552 (Fla. Ct. App. 1970).

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Opinion

PER CURIAM.

The defendant-appellant, insurance company, suffered an adverse jury verdict and a judgment in favor of the plaintiff-appel-lee, its policyholder. These appeals are from (1) the final judgment, (2) the order taxing costs and (3) the order assessing attorney’s fees. We have consolidated the appeals for argument and disposition here. The appellee sued the appellant claiming under a disability income insurance policy issued to him. The appellant defended upon the grounds of fraud and misrepresentation by the appellee in that he had failed to reveal upon the application prior rejections for the same type of insurance. Other defenses were pleaded but the one set forth is the only one important to this decision.

Appellant has presented eight points on appeal. The first point urges error upon limitations imposed by the trial judge upon certain questions asked prospective jurors on voir dire examination. The second, third, fourth and fifth points urge error upon rulings in the admission or rejection of evidentiary items during the trial of the cause. Appellant’s points six and seven urge error upon the failure of the court to give requested instructions. Point eight urges that the trial court abused its discretion in fixing the amount of attorney’s fees awarded plaintiff’s attorney.

We have examined the record in the light of appellant’s points one through five inclusive and find that reversible error has not been demonstrated. Atlantic Coast Line Railroad Co. v. Ganey, Fla.App.1960, 125 So.2d 576.

Appellant’s points six and seven contends that the trial judge committed reversible error in denying defendant’s requested jury instructions eight, nine, fourteen, fifteen, sixteen and eighteen. These requested instructions are not made a part of the record on appeal. We are therefore unable to determine if the court committed reversible error in refusing to give the requested instructions. Cf. Morgan v. Marshall, 78 Fla. 59, 82 So. 609 (1919); Crawford v. State, 86 Fla. 94, 97 So. 288 (1923).

The eighth point directed to the amount of the attorney’s fee allowed pursuant to § 627.0127, Fla.Stat., F.S.A., is also without merit. The trial judge held an evidentiary hearing and heard the testimony of the expert witnesses offered. The amount of the fee is within the range of the expert testimony and is supported by the long and difficult trial, the testimony as to the time expended and the amount involved. City of Miami Beach v. Cummings, Fla.App.1969, 228 So.2d 109.

Affirmed.

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PER CURIAM.

The defendant-appellant, insurance company, suffered an adverse jury verdict and a judgment in favor of the plaintiff-appel-lee, its policyholder. These appeals are from (1) the final judgment, (2) the order taxing costs and (3) the order assessing attorney’s fees. We have consolidated the appeals for argument and disposition here. The appellee sued the appellant claiming under a disability income insurance policy issued to him. The appellant defended upon the grounds of fraud and misrepresentation by the appellee in that he had failed to reveal upon the application prior rejections for the same type of insurance. Other defenses were pleaded but the one set forth is the only one important to this decision.

Appellant has presented eight points on appeal. The first point urges error upon limitations imposed by the trial judge upon certain questions asked prospective jurors on voir dire examination. The second, third, fourth and fifth points urge error upon rulings in the admission or rejection of evidentiary items during the trial of the cause. Appellant’s points six and seven urge error upon the failure of the court to give requested instructions. Point eight urges that the trial court abused its discretion in fixing the amount of attorney’s fees awarded plaintiff’s attorney.

We have examined the record in the light of appellant’s points one through five inclusive and find that reversible error has not been demonstrated. Atlantic Coast Line Railroad Co. v. Ganey, Fla.App.1960, 125 So.2d 576.

Appellant’s points six and seven contends that the trial judge committed reversible error in denying defendant’s requested jury instructions eight, nine, fourteen, fifteen, sixteen and eighteen. These requested instructions are not made a part of the record on appeal. We are therefore unable to determine if the court committed reversible error in refusing to give the requested instructions. Cf. Morgan v. Marshall, 78 Fla. 59, 82 So. 609 (1919); Crawford v. State, 86 Fla. 94, 97 So. 288 (1923).

The eighth point directed to the amount of the attorney’s fee allowed pursuant to § 627.0127, Fla.Stat., F.S.A., is also without merit. The trial judge held an evidentiary hearing and heard the testimony of the expert witnesses offered. The amount of the fee is within the range of the expert testimony and is supported by the long and difficult trial, the testimony as to the time expended and the amount involved. City of Miami Beach v. Cummings, Fla.App.1969, 228 So.2d 109.

Affirmed.

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240 So. 2d 163, 1970 Fla. App. LEXIS 5552, Counsel Stack Legal Research, https://law.counselstack.com/opinion/maine-insurance-v-raser-fladistctapp-1970.

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