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FORTUNE INSURANCE COMPANY v. IRIBAN

No. 91-1114.

593 So.2d 598 (1992)

FORTUNE INSURANCE COMPANY, Appellant, v. Maria Teresa IRIBAN, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied March 17, 1992.

Attorney(s) appearing for the Case

Diane H. Tutt, Davie, for appellant.

Carlos Lidsky, Hialeah, and Leo Bueno, Miami, for appellee.

Before BASKIN, JORGENSON and LEVY, JJ.

PER CURIAM.

We reverse the final judgment awarding attorney's fees to plaintiff's first attorney because (1) plaintiff's insurance benefits were not wrongfully withheld, Ledesma v. Bankers Ins. Co., 573 So.2d 1042 (Fla. 3d DCA 1991); Obando v. Fortune Ins. Co., 563 So.2d 116 (Fla. 3d DCA 1990); § 627.736(4)(b), Fla. Stat. (1989), and (2) counsel stipulated that he would "retain...

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