HomeMy WebLinkAbout0338 4~'~0
IN THE CIRCUIT COURT CF THE
NINETEENTN JUDICIAL CIRCUIT
IN AND FOR ST LUCIE COUNTY, FLORIDA.
CASE NUMBER: 78-180-CA
TITLE & TRUST COMPANY OF FLORIDA.)
Appellant~ )
f,~eu 0 RGEO
) st wo,c ~~~M~r r~~.
~~~G:R AOIT~~3
EDEN R. JENKINS AND ELEANOR I. ) +%~aCU1T COU'~
JENKINS. ~~:~~c?Eo
~ OcT I T Il Ot ~M'18
Appellee.
)
4~04'~0
0 P I N I 0 N
THIS APPEAL is from the Final Judgment of the St Lucie
County Court in favor of Appellees dated April 13. I978 and
entered April 14, 1978. Appellees have made their motion for oral
argument and motion for attorney~fees on appeal. Oral argument
~was heard by this Court sitting as Appellate Court on October 10,
1978.
The Judgment of the County Court is based in part upon
construction of a policy of title insurance issued by Appellant to
Appellee. The construction nade by the Court is a reasonable
construction, and both the insurance policy and facts of the case
are distinguishable from those in the case of Blessing v. American
Title Insurance Company, 121 So 2d 455, relied upon by the Appellant.
For the above reasons, there is no reversable error demonstrated
and the Judgment appealed is affirmed.
Concerning the issue of attorney fees on appeal, Appellees
are awarded $S00 as attorney fees additional to those heretofore
awarded for trial.
AFFIRMED.
~
DONE AND OP.DEF.ED this day of October , 1478 in -
chambers.
.
Circ ' Judge ;
;
Copy furnished: Honorable E. P. DeFriest, Jr. I
J. Stephen Tierney, III, Esquire
Rupert Jason Smith, Esquire
~e~2:~ ~c,~ ~ ,
;
- - ~
~ ' ° . :.z ~
. _ . _ -