Master Dry Out, Inc., a/a/o Elba Abijana v. State Farm Florida Insurance Company

Summary

The Florida Second District Court of Appeal affirmed the denial of Master Dry Out, Inc.'s motion for attorney's fees under section 627.7152(10)(a), Florida Statutes. The court held that a pretrial settlement resolving disputed claims was not a "judgment obtained" within the meaning of the statute, particularly where the insurer admitted no liability.

Holdings

1. A settlement that compromises doubtful and disputed claims, resolves the controversy, and is entered without an admission of liability is not a "judgment obtained" under section 627.7152(1)(e) and therefore does not support an attorney's-fee award under section 627.7152(10)(a).
2. The trial court correctly denied Master Dry Out's motion for attorney's fees because the settlement did not constitute a judgment obtained under the governing statute.

Questions Presented

1. Whether a pretrial settlement qualifies as a "judgment obtained" under section 627.7152(1)(e) and section 627.7152(10)(a), Florida Statutes, for purposes of an assignee's statutory attorney's-fee claim.
2. Whether Master Dry Out was entitled to attorney's fees based on the amount paid in the parties' settlement.

Disposition

affirmed