Aetna Cas. & Sur. Co. v. Herbert

• Decision Date: 13 March 1998
• Docket Number: No. 97-2314,97-2314
• Parties: 23 Fla. L. Weekly D717 AETNA CASUALTY & SURETY COMPANY, Petitioner, v. C.B. HERBERT and Annie Herbert, Respondents.
• Court: Florida District Court of Appeals

Page 417

706 So.2d 417

23 Fla. L. Weekly D717

AETNA CASUALTY & SURETY COMPANY, Petitioner, v. C.B. HERBERT and Annie Herbert, Respondents.

No. 97-2314.

District Court of Appeal of Florida,

Fifth District.

March 13, 1998.

Petition for Certiorari Review of Decision from the Circuit Court for Orange County, Acting in its Appellate Capacity.

James W. Sears of Sears & Manuel, P.A., Orlando, for Petitioner.

J. Gordon Blau of J. Gordon Blau, P.A., Orlando, for Respondents.

DAUKSCH, Judge.

The same legal issue was raised in another certiorari proceeding, where this court held that in an action alleging a motor vehicle dealer's violation of Florida's Deceptive and Unfair Trade Practices Act, attorney's fees could not be recovered from a surety bond which does not provide for such fees. The petition for writ of certiorari is therefore granted and the circuit court appellate decision is quashed. See Aetna Casualty & Surety Co. v. Hubbel, 704 So.2d 1141 (Fla. 5th DCA 1998).

QUASHED.

W. SHARP and ANTOON, JJ., concur.