From Casetext: Smarter Legal Research

United Auto. Ins. v. Miami Dade Cnty

District Court of Appeal of Florida, Third District
Mar 9, 2011
56 So. 3d 121 (Fla. Dist. Ct. App. 2011)

Opinion

Nos. 3D09-3102, 3D10-848.

March 9, 2011.

Appeals from the Circuit Court for Miami-Dade County, John Schlesinger, Judge.

Michael J. Neimand, Miami, for appellant.

Buchalter, Hoffman Dorchak, and Kenneth Dorchak, North Miami, for appellees.

Before WELLS, SALTER and EMAS, JJ.


Affirmed. § 86.011, Fla. Stat. (2010) ("The circuit and county courts have jurisdiction within their respective jurisdictional amounts to declare rights. . . ."); United Auto. Ins. Co. v. Kendall S. Med. Ctr., 54 So.3d 543 (Fla. 3d DCA 2011) ("[T]he Miami-Dade Circuit Court has jurisdiction of a declaratory action only if the amount in controversy exceeds $15,000 and only the county court has jurisdiction of any amount in controversy less than $15,000."); Canonico v. Devine, 130 So.2d 319, 321 (Fla. 3d DCA 1961) ("Separate and unrelated demands cannot be joined to give jurisdiction to a court which does not have jurisdiction of any one of the claims because each is below the amount required to give jurisdiction to the court."); see also § 627.428, Fla. Stat. (2010) ("Upon the rendition of a judgment or decree . . . against an insurer and in favor of any named or omnibus insured . . . the trial court . . . shall adjudge . . . in favor of the insured . . . a reasonable sum as fees."); Dawson v. Aetna Cas. Sur. Co., 233 So.2d 860, 861 (Fla. 3d DCA 1970) (insured entitled to a fee award upon dismissal of an action brought by insurer even though the same issue was then pending in an administrative proceeding).


Summaries of

United Auto. Ins. v. Miami Dade Cnty

District Court of Appeal of Florida, Third District
Mar 9, 2011
56 So. 3d 121 (Fla. Dist. Ct. App. 2011)
Case details for

United Auto. Ins. v. Miami Dade Cnty

Case Details

Full title:UNITED AUTOMOBILE INSURANCE COMPANY, a Florida corporation, appellant, v…

Court:District Court of Appeal of Florida, Third District

Date published: Mar 9, 2011

Citations

56 So. 3d 121 (Fla. Dist. Ct. App. 2011)