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Clay v. Prudential Co. of America

District Court of Appeal of Florida, Fourth District
Apr 23, 1991
576 So. 2d 1360 (Fla. Dist. Ct. App. 1991)

Opinion

No. 90-1182.

April 3, 1991. Clarification Denied April 23, 1991.

Appeal from the Circuit Court for Okeechobee County; Paul B. Kanarek, Judge.

Robert Lee Dennis, Okeechobee, for appellant.

Shelley H. Leinicke, of Wicker, Smith, Blomqvist, Tutan, O'Hara, McCoy, Graham Lane, P.A., Fort Lauderdale, for appellee-The Prudential Ins. Co.


The only error which we perceive herein is the trial court's limitation of the period for which the insurer should pay the beneficiary's attorney's fee, and we conclude the correct period to be June 19, 1986 until December 28, 1989. See Ray v. Travelers Ins. Co., 477 So.2d 634 (Fla. 4th DCA 1985).

Accordingly, we reverse and remand with direction to award such fee for the above period, using the same hourly rate and without the application of a contingency fee multiplier.

GLICKSTEIN and STONE, JJ., and WALDEN, JAMES H., Senior Judge, concur.


Summaries of

Clay v. Prudential Co. of America

District Court of Appeal of Florida, Fourth District
Apr 23, 1991
576 So. 2d 1360 (Fla. Dist. Ct. App. 1991)
Case details for

Clay v. Prudential Co. of America

Case Details

Full title:DEBORAH K. CLAY, WHOSE MARRIED NAME IS DEBORAH K. FORD, APPELLANT, v. THE…

Court:District Court of Appeal of Florida, Fourth District

Date published: Apr 23, 1991

Citations

576 So. 2d 1360 (Fla. Dist. Ct. App. 1991)