Supreme Court of Florida

The plain language of Florida Statutes section 627.428 does not authorize an appellate court to conditionally award appellate attorney's fees to an insured that loses on appeal on the basis that the insured may be the prevailing party at the close of litigation. Under the statute, an appellate court may not award attorney's fees to an insured unless the insured prevails on appeal.

Appellate Information

• Decided 11/09/2006
• Published 11/09/2006

Judges

• BELL, J.

Court

• Supreme Court of Florida

Counsel

• For Appellant:
  
• Marlene S. Reiss of Stephens, Lynn, Klein, et al., Miami, FL, for Petitioner.


• For Appellees:
  
• Michael J. Neimand, The Office of the General Counsel, United Automobile Company, Trial Division, Coral Gables, FL, for Respondent.