Lee v. Government Employees Ins. Co., TT-94
| Decision Date | 30 September 1980 |
| Docket Number | No. TT-94,TT-94 |
| Citation | 388 So.2d 346 |
| Parties | David Joseph LEE, Appellant, v. GOVERNMENT EMPLOYEES INSURANCE COMPANY, Appellee. |
| Court | Florida District Court of Appeals |
Ferrin C. Campbell, Sr., Crestview, for appellant.
Dawn E. Welch of Beggs & Lane, Pensacola, for appellee.
Appellant appeals from the trial court's order denying appellant attorney's fees and costs incurred when appellant had to resort to the procedures set forth in § 627.427(2), Florida Statutes, to collect a judgment against appellee, Government Employees Insurance Company (GEICO). We agree with the trial court which held:
F.S. 627.427(2) does not specifically authorize the assessment of attorney's fees and costs against an insurance carrier for services rendered by the plaintiff's attorney in implementing the procedure set forth in § 627.427, F.S. where the insurance carrier fails to pay the judgment within sixty (60) days after the entry thereof.
Appellant relies on the last sentence of § 627.427(2) which provides that, after an insurer's certificate of authority has been revoked for failure to satisfy a judgment or decree, the insurer will not be issued a new certificate of authority until the judgment is satisfied and "until the expenses and fees incurred in the case are also paid by the insurer." The above-quoted wording does not authorize the award of attorney's fees and costs incurred subsequent to the conclusion of a case in which a judgment has been rendered. Therefore, we affirm the trial court.
Although we have concluded that § 627.427(2) does not authorize the award of attorney's fees and costs incurred subsequent to the rendition of a judgment, this case illustrates the need for such statutory authorization. We, therefore, recommend its consideration by the Legislature.
AFFIRMED.
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Pepper's Steel & Alloys, Inc. v. US
...We approve that decision. In contrast, in reaching its decision in Morris, the Third District relied on Lee v. Government Employees Insurance Co., 388 So.2d 346 (Fla. 1st DCA 1980), and Bohlinger v. Higginbotham, 70 So.2d 911 (Fla.1954). Neither case, however, supports the conclusion reache......
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Travelers Indem. Co. of America v. Morris
...and not for those required to effect compliance with, collection of, or execution upon that judgment. Lee v. Government Employees Ins. Co., 388 So.2d 346 (Fla.1st DCA 1980); see, Bohlinger v. Higginbotham, 70 So.2d 911, 916 (Fla.1954). Second, since we did not remand the issue to the lower ......