State Farm Fire & Casualty Co. v. Fowler Rentals, Inc.

District Court of Appeal of Florida

State Farm Fire & Casualty Co. v. Fowler Rentals, Inc.

303 So. 2d 646

CourtDistrict Court of Appeal of Florida

DecidedOctober 15, 1974

DocketNo. U-4

StatusPublished

Cited by1 cases

This text of 303 So. 2d 646 (State Farm Fire & Casualty Co. v. Fowler Rentals, Inc.) 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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State Farm Fire & Casualty Co. v. Fowler Rentals, Inc., 303 So. 2d 646 (Fla. Ct. App. 1974).

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PER CURIAM.

In this case, the trial court had found and adjudged the defendant liable for losses of the plaintiff arising out of a fire insurance policy. At the final hearing, the respective counsel for the parties stipulated as to the amount of damages. Based thereon, the trial court entered its final judgment for the stipulated damages of $9500.00 and awarded $2500.00 attorney’s fee to plaintiff’s attorney, plus costs.

We have studied the record on appeal and the briefs, given due consideration to the oral arguments, and are of the opinion that the only material questions contained in this “case were also treated by our sister Court, The Third District Court of Appeal of Florida, in its case found in Schlehuber v. Norfolk & Dedham Mutual Fire Insurance Company, 281 So.2d 373, in which Judge Pearson authored for that Court, found adversely to the insurance company under almost the same factual situation as found in the case sub judice. We agree with the Third District Court of Appeal, and therefore affirm the final judgment upon the authority of Schlehuber v. Norfolk & Dedham Mutual Fire Insurance Company, 281 So.2d 373 (Fla.App. 3rd, 1973).

Affirmed.

RAWLS, C. J'., and JOHNSON, J., concur. McCORD, J., specially concurring.

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PER CURIAM.

In this case, the trial court had found and adjudged the defendant liable for losses of the plaintiff arising out of a fire insurance policy. At the final hearing, the respective counsel for the parties stipulated as to the amount of damages. Based thereon, the trial court entered its final judgment for the stipulated damages of $9500.00 and awarded $2500.00 attorney’s fee to plaintiff’s attorney, plus costs.

We have studied the record on appeal and the briefs, given due consideration to the oral arguments, and are of the opinion that the only material questions contained in this “case were also treated by our sister Court, The Third District Court of Appeal of Florida, in its case found in Schlehuber v. Norfolk & Dedham Mutual Fire Insurance Company, 281 So.2d 373, in which Judge Pearson authored for that Court, found adversely to the insurance company under almost the same factual situation as found in the case sub judice. We agree with the Third District Court of Appeal, and therefore affirm the final judgment upon the authority of Schlehuber v. Norfolk & Dedham Mutual Fire Insurance Company, 281 So.2d 373 (Fla.App. 3rd, 1973).

Affirmed.

RAWLS, C. J'., and JOHNSON, J., concur. McCORD, J., specially concurring.

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303 So. 2d 646, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-farm-fire-casualty-co-v-fowler-rentals-inc-fladistctapp-1974.

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