STATE FARM MUT. AUTO. INS. v. WARE

No. 79-2300.

391 So.2d 331 (1980)

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Appellant, v. John WARE, Appellee.

District Court of Appeal of Florida, Third District.

December 16, 1980.


Attorney(s) appearing for the Case

Walton, Lantaff, Schroeder & Carson and Joan S. Buckley, Miami, for appellant.

Samuel J. Hannon and C.J. Van Delinder, Miami, for appellee.

Before HUBBART, C.J., NESBITT, J., and MELVIN, WOODROW M. (Ret.), Associate Judge.


PER CURIAM.

The final order under review awarding plaintiff attorney's fees in an action against the insured is reversed in that no final judgment on the merits has been rendered by the trial court in the plaintiff's favor which is necessary to activate Section 627.428(1), Florida Statutes (1979). Insurance Company of North America v. Electric Power & Service, Inc., 384 So.2d 915 (Fla. 3d DCA 1980); American Home Assurance...

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