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MERCURY INS. CO. OF FLORIDA v. COOPER

No. 3D04-1434.

919 So.2d 491 (2005)

MERCURY INSURANCE COMPANY OF FLORIDA, Appellant, v. Cletus COOPER, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing and Rehearing Denied February 15, 2006.

Attorney(s) appearing for the Case

Alvarez, Sambol, Winthrop & Madson, and Griffith J. Winthrop, III and Julianne J. Flynn, Orlando, for appellant.

Langbein & Langbein, and Evan J. Langbein and Richard A. Friend, Miami, for appellee.

Before WELLS, SHEPHERD, and CORTIÑAS, JJ.

Rehearing and Rehearing En Banc Denied February 15, 2006.

CORTIÑAS, Judge.

The plaintiff, Mercury Insurance Company of Florida ("Mercury"), appeals an order granting the insured/defendant, Cletus Cooper ("Cooper"), attorney's fees pursuant to Section 627.428, Florida Statutes (2004).

In November 2002, Cooper rented a van, which collided with another vehicle driven by Aldor Charles ("Charles"). Cooper was the sole authorized driver of the van and...

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