Lindsay v. Travelers Indem. Co.

Full title: GREGG LINDSAY, APPELLANT, v. THE TRAVELERS INDEMNITY COMPANY, A FOREIGN…

Court: District Court of Appeal of Florida, Third District

Date published: Apr 4, 1979

368 So. 2d 605 (Fla. Dist. Ct. App. 1979)

Opinion

No. 77-1902.

February 27, 1979. Rehearing Denied April 4, 1979.

Appeal from Circuit Court, Dade County; Rhea P. Grossman, Judge.

Horton, Perse Ginsberg and Edward A. Perse, Joe Garrett, Miami, for appellant.

Adams Ward and Amy Shield Levine, Miami, for appellee.

Before HENDRY and SCHWARTZ, JJ., and CHARLES CARROLL (Ret.), Associate Judge.

PER CURIAM.

The provision of the judgment determining the amount of equitable distribution is affirmed. The provision in the judgment denying attorneys' fee to the plaintiff in the trial court is reversed, on authority of Rodriguez v. Travelers Insurance Company, 367 So.2d 687 (Fla. 3d DCA 1979). Following remand, further proceedings should be had for fixing and allowing such attorneys' fee.

Affirmed in part, and reversed in part and remanded.