397 So. 2d 1183

BLUE CROSS OF FLORIDA, INC., and Blue Shield of Florida, Inc., Appellants, v. Ann PETKUNAS, by and through her son and Legal Guardian, Daniel Petkunas and Daniel Petkunas, individually, Appellees.

No. 80-1444.

District Court of Appeal of Florida, Third District.

May 5, 1981.

Proby & Adkins and H. Lawrence Hardy, Coral Gables, for appellants.

Greene & Cooper and Sharon L. Wolfe, Miami, Grover, Ciment, Weinstein & Stau-ber, Miami Beach, for appellees.

Before HENDRY, SCHWARTZ and NESBITT, JJ.

PER CURIAM.

The judgment awarding attorney’s fees is reversed and remanded for an evidentiary hearing for the purpose of fixing and determining fees in accordance with the applicable statutory criteria, pursuant to Section 627.428, Florida Statutes (1979), which authorizes attorney’s fees for “prosecuting the suit in which the recovery is had,” accord, American Home Assurance Company v. Keller Industries, Inc., 347 So.2d 767 (Fla. 3d DCA 1977), cert. denied, 360 So.2d 1249 (Fla.1978).

Reversed and remanded.

Blue Cross of Florida, Inc. v. Petkunas ex rel. Petkunas
397 So. 2d 1183

Case Details

Name
Blue Cross of Florida, Inc. v. Petkunas ex rel. Petkunas
Decision Date
May 5, 1981
Citations

397 So. 2d 1183

Jurisdiction
Florida

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