Sierra v. Allstate Insurance Co.

District Court of Appeal of Florida

Sierra v. Allstate Insurance Co.

725 So. 2d 403, 1998 Fla. App. LEXIS 16437, 1998 WL 904686

CourtDistrict Court of Appeal of Florida

DecidedDecember 30, 1998

DocketNo. 98-2117

StatusPublished

Cited by1 cases

This text of 725 So. 2d 403 (Sierra 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.

Bluebook

Sierra v. Allstate Insurance Co., 725 So. 2d 403, 1998 Fla. App. LEXIS 16437, 1998 WL 904686 (Fla. Ct. App. 1998).

Pincite

Opinion

SHEVIN, Judge.

We reverse the order denying insureds Carlos and Lilia Sierra entitlement to appellate attorney’s fees. In Allstate Ins. Co. v. Sierra, 705 So.2d 119 (Fla. 3d DCA 1998), this court affirmed an order awarding the Sierras the appraisal they sought in their declaratory judgment action against Allstate Insurance Company. We also granted the Sierras appellate attorney’s fees in a separate order that read: “Upon consideration of the motion for attorney’s fees filed by the [Sierras], it is ordered that said motion is granted and remanded to the trial court to fix amount.”

An insured who obtains a declaratory judgment compelling appraisal is the prevailing party and is therefore entitled to attorney’s fees. See Latin Am. Property & Cas. Ins. Co. v. Pastor, 561 So.2d 1302 (Fla. 3d DCA 1990); State Farm Mut. Auto. Ins. Co. v. Stack, 543 So.2d 782 (Fla. 3d DCA 1989). Thus, we must conclude that the trial court erred in denying the Sierras’ entitlement to fees.

Based on the foregoing, we reverse the order denying fees and remand for the court to award the Sierras fees.

Reversed and remanded.

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SHEVIN, Judge.

We reverse the order denying insureds Carlos and Lilia Sierra entitlement to appellate attorney’s fees. In Allstate Ins. Co. v. Sierra, 705 So.2d 119 (Fla. 3d DCA 1998), this court affirmed an order awarding the Sierras the appraisal they sought in their declaratory judgment action against Allstate Insurance Company. We also granted the Sierras appellate attorney’s fees in a separate order that read: “Upon consideration of the motion for attorney’s fees filed by the [Sierras], it is ordered that said motion is granted and remanded to the trial court to fix amount.”

An insured who obtains a declaratory judgment compelling appraisal is the prevailing party and is therefore entitled to attorney’s fees. See Latin Am. Property & Cas. Ins. Co. v. Pastor, 561 So.2d 1302 (Fla. 3d DCA 1990); State Farm Mut. Auto. Ins. Co. v. Stack, 543 So.2d 782 (Fla. 3d DCA 1989). Thus, we must conclude that the trial court erred in denying the Sierras’ entitlement to fees.

Based on the foregoing, we reverse the order denying fees and remand for the court to award the Sierras fees.

Reversed and remanded.

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Bluebook (online)

725 So. 2d 403, 1998 Fla. App. LEXIS 16437, 1998 WL 904686, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sierra-v-allstate-insurance-co-fladistctapp-1998.

Opinion

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