United States Fidelity & Guaranty Co. v. Casino

413 So. 2d 138, 1982 Fla. App. LEXIS 28577

Opinion

PER CURIAM.

The trial court was correct both in dismissing the UM carrier’s action for declaratory relief, see, Travelers Indemnity Co. v. Johnson, 201 So.2d 705 (Fla.1967); Columbia Casualty Co. v. Zimmerman, 62 So.2d 338 (Fla.1952); Kelner v. Woody, 399 So.2d 35 (Fla. 3rd DCA 1981), and in awarding attorney’s fees to the appellee, who was the successful party in a proceeding brought under his uninsured motorist policy. The latter point is controlled by Florida Farm Bureau Mutual Ins. Co. v. Quinones, 409 So.2d 97 (Fla. 3rd DCA 1982); accord, Travelers Indemnity Co. v. Chavis, 410 So.2d 992 (Fla. 3rd DCA 1982); contra, Spaulding v. American Fire & Indemnity Co., 412 So.2d 367 (Fla. 4th DCA 1981). Accordingly, the judgment and orders under review are

Affirmed.