Vorse v. American Bankers Life Assurance Co. of Florida

District Court of Appeal of Florida

Vorse v. American Bankers Life Assurance Co. of Florida

415 So. 2d 91, 1982 Fla. App. LEXIS 20793

CourtDistrict Court of Appeal of Florida

DecidedJune 9, 1982

DocketNo. 81-822

StatusPublished

Cited by1 cases

This text of 415 So. 2d 91 (Vorse v. American Bankers Life Assurance Co. of Florida) 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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Vorse v. American Bankers Life Assurance Co. of Florida, 415 So. 2d 91, 1982 Fla. App. LEXIS 20793 (Fla. Ct. App. 1982).

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Opinion

PER CURIAM.

At issue is whether a post-judgment order denying attorney’s fees to a plaintiff who recovered a judgment against an insurance company as a second beneficiary of a credit life insurance policy is inconsistent with that judgment and should be reversed. We hold that it is.

Appellee chose not to appeal the final judgment entered in behalf of appellant and it is superfluous to comment upon the correctness of the court’s earlier decision. The judgment having been entered, section 627.428(1), Florida Statutes (1979), compels the award of an attorney’s fee.

Accordingly, we reverse and remand with directions to determine the amount of attorney’s fees to which appellant is entitled.

LETTS, C. J., and BERANEK and GLICKSTEIN, JJ., concur.

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