Summary
holding that final judgment in favor of insured and against insurer was required to be modified so as to limit insurer's liability to amount of policy limits, which had been revealed to insured in pretrial discovery, no disagreement existed as to policy limits, and insurer filed proper motion for modification of judgment accompanied by supporting affidavit
Summary of this case from State Farm Mut. v. St. GodardOpinion
No. 85-1257.
March 5, 1986.
Appeal from the Circuit Court, Lee County, James R. Thompson, J.
Gerald W. Pierce of Henderson, Franklin, Starnes Holt, P.A., Fort Myers, for appellants.
The issue on this appeal is whether the trial court erred in refusing to modify the final judgment as to appellant, Dixie Insurance Company, so as to limit its liability to the amount of its policy limits. The limits were revealed to appellee in pretrial discovery and there is no disagreement between the parties as to the limits of the policy. Appellants filed a proper motion for modification of judgment accompanied by a supporting affidavit.
Appellee has not seen fit to benefit this court by an appearance to support the action of the trial court in refusing to modify. This issue has previously been decided adversely to appellee by our colleagues on the Third and Fourth District Courts of Appeal. Allstate Insurance Company v. Shilling, 374 So.2d 611 (Fla. 4th DCA 1979); Quinn v. Millard, 358 So.2d 1378 (Fla. 3d DCA 1978); Soler v. Kukula, 297 So.2d 600 (Fla. 3d DCA 1974); Stella v. Craine, 281 So.2d 584 (Fla. 4th DCA 1973), cert. denied, 289 So.2d 731 (Fla. 1974). On the authority of those cases, we reverse and remand with instructions to enter a modified final judgment as to appellant Dixie Insurance Company only, limited to the amount of its policy limits.
Reversed and remanded.
CAMPBELL, A.C.J., and LEHAN and SANDERLIN, JJ., concur.