Summary
The Florida Third District Court of Appeal reversed an award of attorney's fees to attorney Carl Spatz under the wrongful act doctrine. The court held that Spatz was not the wronged party because his own failure to obtain written approval for the assignment of the insurance policy caused the underlying litigation. The court directed that Spatz's request for fees be denied, while a special concurrence questioned the validity of part of the precedent supporting the wrongful act doctrine.
Holdings
- Spatz was not entitled to attorney's fees because he was not the wronged party. Any wrong caused by the failure to obtain written approval of the policy assignment was directed toward Pritcher, and Spatz's own failure to properly close the transaction caused the litigation expenses for which he sought recovery.
- The wrongful-act doctrine does not create an independent cause of action; it permits recovery of attorney's fees only as special damages when a defendant's wrongful act toward the plaintiff causes the plaintiff to litigate with third persons.
Questions Presented
- Whether Spatz was entitled to recover attorney's fees from State Farm under the wrongful-act doctrine.
- Whether the wrongful-act doctrine creates an independent cause of action for a third-party litigant's attorney's fees.
Disposition
reversed_and_remanded
Cases Cited (10)
- F & R Builders, Inc. v. United States Fidelity and Guaranty Co., 490 So. 2d 1022 (Fla. 3d DCA 1986)(distinguished)
- Canadian Universal Insurance Co. v. Employers Surplus Lines Insurance Co., 325 So. 2d 29 (Fla. 3d DCA 1976)(followed)
- Milohnich v. First National Bank of Miami Springs, 224 So. 2d 759 (Fla. 3d DCA 1969)(followed)
- Behar v. Jefferson National Bank at Sunny Isles, 519 So. 2d 641 (Fla. 3d DCA 1988)(followed)
- Glace & Radcliffe, Inc. v. City of Live Oak, 471 So. 2d 144 (Fla. 1st DCA 1985)(followed)
- Manning v. Loidhamer, 13 Wash. App. 766, 538 P.2d 136 (1975)(followed)
- Auto-Owners Insurance Co. v. Hooks, 463 So. 2d 468 (Fla. 1st DCA 1985)(distinguished)
- United States Automobile Association v. Hartford Insurance Co., 468 So. 2d 545 (Fla. 5th DCA 1985), review denied, 476 So. 2d 676 (Fla. 1985)(followed)
- American Foreign Insurance Co. v. Avis Rent-A-Car System, 401 So. 2d 855 (Fla. 1st DCA 1981)(followed)
- American Home Assurance Co. v. City of Opa Locka, 368 So. 2d 416 (Fla. 3d DCA 1979)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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