Percefull v. Lumbermens Mutual Casualty Co.

District Court of Appeal of Florida

Percefull v. Lumbermens Mutual Casualty Co.

689 So. 2d 451, 1997 Fla. App. LEXIS 2494, 1997 WL 121152

CourtDistrict Court of Appeal of Florida

DecidedMarch 19, 1997

DocketNo. 95-4018

StatusPublished

This text of 689 So. 2d 451 (Percefull v. Lumbermens Mutual Casualty 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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Percefull v. Lumbermens Mutual Casualty Co., 689 So. 2d 451, 1997 Fla. App. LEXIS 2494, 1997 WL 121152 (Fla. Ct. App. 1997).

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Opinion

PER CURIAM.

We affirm as to all issues. With respect to appellant’s claim that the insurance company’s payment of bills justified an award of fees pursuant to Wollard v. Lloyd’s & Companies of Lloyd’s, 439 So.2d 217 (Fla.1983), we would point out that at the hearing on settlement and payment by the insurance company, the parties agreed that the insurance company could raise any issue as to entitlement to attorney’s fees, irrespective of the amounts paid. Therefore, Wollard is distinguishable. As to the other issues, the trial court heard the witnesses and determined their credibility. We cannot find that the trial court abused its discretion in making its factual findings.

Affirmed.

STONE, WARNER and POLEN, JJ., concur.

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PER CURIAM.

We affirm as to all issues. With respect to appellant’s claim that the insurance company’s payment of bills justified an award of fees pursuant to Wollard v. Lloyd’s & Companies of Lloyd’s, 439 So.2d 217 (Fla.1983), we would point out that at the hearing on settlement and payment by the insurance company, the parties agreed that the insurance company could raise any issue as to entitlement to attorney’s fees, irrespective of the amounts paid. Therefore, Wollard is distinguishable. As to the other issues, the trial court heard the witnesses and determined their credibility. We cannot find that the trial court abused its discretion in making its factual findings.

Affirmed.

STONE, WARNER and POLEN, JJ., concur.

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689 So. 2d 451, 1997 Fla. App. LEXIS 2494, 1997 WL 121152, Counsel Stack Legal Research, https://law.counselstack.com/opinion/percefull-v-lumbermens-mutual-casualty-co-fladistctapp-1997.

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