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Percefull v. Lumbermens Mut. Casualty

District Court of Appeal of Florida, Fourth District
Mar 19, 1997
689 So. 2d 451 (Fla. Dist. Ct. App. 1997)

Opinion

Case No. 95-4018

Opinion filed March 19, 1997

Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Mary E. Lupo, Judge; L.T. Case No. CL 90-9028 AO.

Jeffrey M. Liggio of Liggio Luckman and Philip M. Burlington of Caruso, Burlington, Bohn Compiani, P.A., West Palm Beach, for appellant.

Daniel M. Bachi and Bard D. Rockenbach of Sellars, Supran, Cole, Marion Bachi, P.A., for appellees.


We affirm as to all issues. With respect to appellant's claim that the insurance company's payment of bills justified an award of fees pursuant to Wollard v. Lloyd's Companies of Lloyd's, 439 So.2d 217 (Fla. 1983), we would point out that at the hearing on settlement and payment by the insurance company, the parties agreed that the insurance company could raise any issue as to entitlement to attorney's fees, irrespective of the amounts paid. Therefore, Wollard is distinguishable. As to the other issues, the trial court heard the witnesses and determined their credibility. We cannot find that the trial court abused its discretion in making its factual findings.

Affirmed.

STONE, WARNER and POLEN, JJ., concur.


Summaries of

Percefull v. Lumbermens Mut. Casualty

District Court of Appeal of Florida, Fourth District
Mar 19, 1997
689 So. 2d 451 (Fla. Dist. Ct. App. 1997)
Case details for

Percefull v. Lumbermens Mut. Casualty

Case Details

Full title:KAY C. PERCEFULL, as Guardian of the person and property of RIP VON…

Court:District Court of Appeal of Florida, Fourth District

Date published: Mar 19, 1997

Citations

689 So. 2d 451 (Fla. Dist. Ct. App. 1997)