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ESSEX INSURANCE COMPANY v. BURTON

Nos. 1D04-2309, 1D04-2317.

906 So.2d 1157 (2005)

ESSEX INSURANCE COMPANY, Appellant, v. Loretta M. BURTON, Appellee. Essex Insurance Company, Appellant, v. Fred Simpler, Appellee.

District Court of Appeal of Florida, First District.

June 23, 2005.

Attorney(s) appearing for the Case

Carol A. Fenello, Esquire, Miami, for Appellant.

David B. Pleat, Esquire and Amy A. Perry, Esquire of Pleat & Perry, P.A., Destin, for Appellee Loretta M. Burton.

Harry E. Barr, Esquire and Leslie D. Sheekley, Esquire of Chesser & Barr, P.A., Shalimar, for Appellee Fred Simpler.

BENTON, J.

We have consolidated appeals from two orders awarding attorneys' fees in the same case below, orders predicated on section 627.428(1), Florida Statutes (2003) ("Upon the rendition of a judgment . . . against an insurer and in favor of any . . . insured . . . the trial court . . . shall adjudge . . . [attorney's fees] against the . . . insurer."). The lower court awarded fees after it entered declaratory judgment in case number 02-CA-94 against Essex Insurance...

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