FLORIDA ROCK, ETC. v. CONTINENTAL INS. CO.

No. SS-510.

399 So.2d 122 (1981)

FLORIDA ROCK AND TANK LINES, INC. and Florida Rock Industries, Inc., Appellants, v. The CONTINENTAL INSURANCE COMPANY, Appellee.

District Court of Appeal of Florida, First District.

June 3, 1981.


Attorney(s) appearing for the Case

B. Thomas Whitefield of Ulmer, Murchison, Ashby & Ball, Jacksonville, for appellants.

Carle A. Felton, Jr. of Boyd, Jenerette, Leemis & Staas, P.A., Jacksonville, for appellee.


McCORD, Judge.

Florida Rock and Tank Lines, Inc. (formerly Diamond Sand and Stone) and Florida Rock Industries, Inc., appeal from an order of the trial court striking their claim for attorney's fees, made pursuant to § 627.428(1), Florida Statutes (1979).1 We reverse.

Appellants were defendants in an indemnity action brought by their insurer, Continental. In its complaint, Continental...

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