Mid-Continent Cas. Co. v. Giuliano
| Decision Date | 13 July 1964 |
| Docket Number | MID-CONTINENT,No. 33218,33218 |
| Citation | 166 So.2d 443 |
| Parties | CASUALTY COMPANY, an Oklahoma corporation, Appellant, v. Joseph GIULIANO, Appellee. |
| Court | Florida Supreme Court |
L. J. Cushman, Miami, for appellant.
Layne & Israel, Miami, for appellee.
This case was appealed from the Civil Court of Record for Dade County, Florida, to the District Court of Appeal, Third District, which transferred it here because the trial judge passed upon the validity of a Florida statute invoking the jurisdiction of this Court under Art. V, Sec. 4(2), Constitution of Florida, F.S.A.
The trial judge held Section 627.0127, Florida Statutes, F.S.A., not violative of Section 3 of the Declaration of Rights of the Florida Constitution, F.S.A., pertaining to the right of trial by jury. Section 627.0127 authorizes a trial judge after judgment or decree against an insurance company upon a policy of insurance to adjudge a reasonable sum as fees or compensation to the beneficiary for the latter's attorney. In this case the trial judge pursuant to the statute adjudged $450 as reasonable attorneys' fees for Appellee. The Appellant contends that a jury trial was necessary for the determination of attorneys' fees. We do not find that the right to a jury trial for attorneys' fees existed under the common law. Therefore, Section 3 of the Declaration of Rights of the Florida Constitution has no application. See Empire State Insurance Co. v. Chafetz, 302 F.2d 828 (5th Cir. 1962). Furthermore, under Chapter 627, Florida Statutes, particularly § 627.01091 et seq., it is generally required that policies of insurance providing coverage in Florida with some exceptions conform to our insurance code which includes said section of the code relating to attorneys' fees and operates as a waiver of anything or any impediment to the contrary.
In this case a verdict and judgment was rendered in the amount of $500 plus costs upon the question of liability under the policy. Five Hundred Dollars was the principal amount of the policy. Appellant contends an attorney's fee of $450 is excessive. However, an inspection of the record before us indicates the legal services rendered prior to and at trial were quite extensive in view of the defenses and complexity of the issues and the fee allowed should not in our opinion be disturbed.
Appellant contends Appellee was not entitled to recover upon the policy because the evidence failed to establish that he sustained 'bodily injury * * *...
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In re Std. Jury Instructions in Civil Cases -- Report No. 09-01
...the determination as to the amount of attorney's fees and interest to be assessed and included in any judgment. Mid-Continent Casualty Co. v. Giuliano, 166 So.2d 443 (Fla.1964).412 CONTRIBUTION AMONG 412.1 Contribution Sought by Cross-Claims Between Defendant Tortfeasors in Injured Party's ......
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...loading new cars, the engine was running, and plaintiff was preparing to travel with the loaded trailer). 61. Mid-Continent Cas. Co. v. Giuliano, 166 So.2d 443, 445 (Fla.1964) (finding coverage under PIP policy provision that required "bodily injury ... caused by accident while... alighting......
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Cheek v. McGowan Elec. Supply Co.
...he has a right to a jury determination of reasonable attorney's fees as provided for under the note. In Mid-Contintent Casualty Co. v. Giuliano, 166 So.2d 443 (Fla.1964), this Court held that the right to a jury trial on the issue of attorney's fees did not exist under the common law and, t......
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Continental Cas. Co. v. Gold, 35480
...Fire Ins. Co. v. Dickerson, 82 Fla. 442, 90 So. 613; New York Life Ins. Co. v. Lecks, 122 Fla. 127, 165 So. 50; Mid-Continent Casualty Company v. Guiliano, Fla., 166 So.2d 443. The great weight of authority in other jurisdictions supports the constitutionality of statutes of the type of F.S......