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Dairyland Insurance Co. v. Kriz
Citations: 515 So. 2d 350; 12 Fla. L. Weekly 2567; 1987 Fla. App. LEXIS 10904Docket: No. BR-362
Court: District Court of Appeal of Florida; November 9, 1987; Florida; State Appellate Court
Appellant sought a refund of an attorney’s fee paid under a court order but was denied due to the lack of an appeal of the original fee order and the filing of a satisfaction of judgment after payment. As the insurer involved, appellant had paid the attorney’s fee following a circuit court order that also determined coverage under an automobile insurance policy. While an appeal on the coverage issue was pending, a separate proceeding established the attorney’s fee amount, which appellant did not successfully stay or delay. After paying the fee, appellant filed a satisfaction of judgment, effectively concluding the dispute over the attorney's fees. The original coverage order was later reversed on appeal, but appellant did not challenge the fee order at that time. The circuit court cited precedent in denying the refund request, affirming that the filed satisfaction of judgment barred any further claims regarding the attorney’s fees. The appellate court upheld the circuit court's decision.