Blue Cross of Florida v. Petkunas

Full title: BLUE CROSS OF FLORIDA, INC., AND BLUE SHIELD OF FLORIDA, INC., APPELLANTS…

Court: District Court of Appeal of Florida, Third District

Date published: May 5, 1981

397 So. 2d 1183 (Fla. Dist. Ct. App. 1981)

Opinion

No. 80-1444.

May 5, 1981.

Appeal from Circuit Court, Dade County; Stuart M. Simons, Judge.

Proby Adkins and H. Lawrence Hardy, Coral Gables, for appellants.

Greene Cooper and Sharon L. Wolfe, Miami, Grover, Ciment, Weinstein Stauber, Miami Beach, for appellees.

Before HENDRY, SCHWARTZ and NESBITT, JJ.

PER CURIAM.

The judgment awarding attorney's fees is reversed and remanded for an evidentiary hearing for the purpose of fixing and determining fees in accordance with the applicable statutory criteria, pursuant to Section 627.428, Florida Statutes (1979), which authorizes attorney's fees for "prosecuting the suit in which the recovery is had," accord, American Home Assurance Company v. Keller Industries, Inc., 347 So.2d 767 (Fla. 3d DCA 1977), cert. denied, 360 So.2d 1249 (Fla. 1978).

Reversed and remanded.