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ALLSTATE INS. CO. v. SUTTON

No. 97-00936.

707 So.2d 760 (1998)

ALLSTATE INSURANCE COMPANY, Appellant, v. Vonnie B. SUTTON, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied February 9, 1998.

Attorney(s) appearing for the Case

Bonita Kneeland Brown of Fowler, White, Gillen, Boggs, Villareal & Banker, P.A., Tampa, for Appellant.

Joel S. Perwin of Podhurst, Orseck, Josefsberg, Eaton, Meadow, Olin & Perwin, P.A., Miami, for Appellee.

FRANK, Acting Chief Judge.

Allstate Insurance Company has appealed from a final judgment awarding attorneys' fees and costs to Vonnie B. Sutton under section 768.79, Florida Statutes (1995). We affirm the order awarding fees and costs; however, we remand for the trial court to vacate that portion of the judgment providing for immediate execution. As will be shown, Mrs. Sutton's right to execute on the judgment is contingent upon an event that has not yet occurred...

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