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PETSCHE v. PRUDENTIAL INSURANCE COMPANY OF AMERICA

No. 91-03698.

607 So.2d 514 (1992)

Roy PETSCHE and Joan Petsche, husband and wife, Appellants/Cross-Appellees, v. The PRUDENTIAL INSURANCE COMPANY OF AMERICA, Appellee/Cross-Appellant.

District Court of Appeal of Florida, Second District.

November 13, 1992.

Attorney(s) appearing for the Case

James E. Thompson and Steven K. Barber of Fowler, White, Gillen, Boggs, Villareal and Banker, P.A., Tampa, for appellants/cross-appellees.

Charles W. Pittman of MacFarlane, Ferguson, Tampa, for appellee/cross-appellant.

LEHAN, Chief Judge.

In this interpleader case there is an appeal and a cross appeal. As to the appeal, we affirm the denial of the motion for attorney's fees filed by appellants to whom the interpleaded proceeds of an insurance plan were awarded. The parties agree that the plan is subject to the Employee Retirement Income Security Act (ERISA), 29 U.S.C. §§ 1001 et seq. Section 627.428, Florida Statutes (1987), which mandates the award of such fees...

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