United States Sixth Circuit

In a suit claiming plaintiff was owed attorneys' fees under Florida law by defendant-insurer, summary judgment for defendant is affirmed where: 1) because defendant was without power to resolve plaintiff's claim in the face of a district court's order, a Florida attorney's fees statute does not apply; and 2) a claim for interest under Florida law failed as well.

Appellate Information

• Decided 09/08/2008
• Published 09/08/2008

Judges

• Before:  MARTIN and BATCHELDER, Circuit Judges;  JORDAN, Senior District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Edgar H. Boles, Moriarty & Jaros, Pepper Pike, Ohio, for Appellant.  Joshua Bachrach, Rawle & Henderson, Philadelphia, Pennsylvania, for Appellee.   ON BRIEF:  Edgar H. Boles, Moriarty & Jaros, Pepper Pike, Ohio, for Appellant.  Joshua Bachrach, Rawle & Henderson, Philadelphia, Pennsylvania, for Appellee.