Smith v. Conlon, 77-1986
| Citation | 355 So.2d 859 |
| Decision Date | 07 March 1978 |
| Docket Number | No. 77-1986,77-1986 |
| Parties | Bryan Allen SMITH and American Bankers Insurance Company of Florida, Appellants, v. Edward CONLON, Geraldine Conlon and Allstate Insurance Company, Appellees. |
| Court | Florida District Court of Appeals |
Helliwell, Melrose & DeWolf and William E. Sadowski, Miami, for appellants.
Weissenborn, Hyman & Burr, Miami, for appellees.
Before PEARSON, NATHAN and KEHOE, JJ.
This is an interlocutory appeal by Bryan Allen Smith and American Bankers Insurance Company of Florida, defendants/cross-plaintiffs, from an order denying a motion for attorneys fees against defendants/cross-defendants Edward Conlon, Geraldine Conlon and Allstate Insurance Company, in an action stemming from an automobile accident.
A complaint was filed by Randy Reyes, not a party to this appeal, seeking damages for personal injuries against the defendants, Bryan Allen Smith, the driver of the car; American Bankers Insurance Company of Florida, Smith's insurer; Edward Conlon, the owner of the car; Geraldine Conlon, Edward's wife, who allegedly gave Smith permission to drive the car; and Allstate Insurance Company, the Conlons' insurer. Allstate denied liability on the grounds that Smith did not have permission to drive the Conlons' car. Smith and American Bankers filed a cross-claim seeking a declaratory judgment that Smith was covered by the Allstate policy and that Allstate should defend the case. The cross-claim included a demand for attorneys fees.
Following a one and one-half day jury trial on the cross-claim, the jury rendered a verdict finding that Smith did have permission to drive the Conlons' car, and that Smith is covered under the Conlons' Allstate policy. Smith and American Bankers renewed their demand for attorneys fees by motion. Subsequently, the trial judge entered final judgment on the verdict declaring that Smith was a covered insured under the Allstate policy and that Allstate was obligated to defend Smith. Jurisdiction to determine entitlement to and amount of attorneys fees was reserved. Following another hearing, the judge entered an order denying the motion for attorneys fees, ruling that Smith and American Bankers
". . . are not entitled to Attorney's Fees against the Crossdefendants, EDWARD CONLON, GERALDINE CONLON and ALLSTATE INSURANCE COMPANY and the Motion for Attorney's Fees is hereby denied." (emphasis added)
This interlocutory appeal ensued.
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