FITZGERALD v. ALLSTATE INS. COMPANY

No. 88-0303.

549 So.2d 821 (1989)

Joan FITZGERALD and Kenneth Fitzgerald, Her Husband Appellants/Cross-Appellees, v. ALLSTATE INSURANCE COMPANY, Appellee/Cross-Appellant.

District Court of Appeal of Florida, Fourth District.

October 11, 1989.


Attorney(s) appearing for the Case

Gary M. Farmer of Gary M. Farmer, P.A., Fort Lauderdale, for appellants/cross-appellees.

John R. Hargrove, Lillian P. Wolf, and Richard D. Percic of Heinrich Gordon Batchelder Hargrove Weihe & Gent, Fort Lauderdale, for appellee/cross-appellant.


PER CURIAM.

We reverse the amended final judgment based on the issue raised in the cross-appeal, and remand for the trial court to enter judgment in favor of Allstate Insurance Company as the prevailing party. See Government Employees Insurance Co. v. Brewton, 538 So.2d 1375 (Fla. 4th DCA 1989). Additionally, we vacate the December 15th order denying Allstate's motion to tax costs, noting that the notice of appeal was filed...

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