MERCURY INSURANCE COMPANY OF FLORIDA v. ASHLEY COATNEY, as personal representative of THE ESTATE OF CEASAR L. COATNEY, DECEASED, WILLIAM H. MOODY, SR., and MARGARET MOODY
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IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA M E R C U R Y I N S U R A N C E NOT FINAL UNTIL TIME EXPIRES TO COMPANY OF FLORIDA, FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED Appellant, CASE NO. 1D04-0683 v. ASHLEY COATNEY, as personal representative of THE ESTATE OF CEASAR L. COATNEY, DECEASED, WILLIAM H. MOODY, SR., and MARGARET MOODY, Appellees. _____________________________/ Opinion filed June 7, 2005. An appeal from the Circuit Court for Bay County. Judy Pittman, Judge. Mark J. Upton of Daniell, Upton, Perry & Morris, P.A., Daphne, Alabama, for Appellant. Randle D. Thompson of Kerrigan, Estess, Rankin, McLeod & Thompson, LLP, Pensacola, for Appellees William H. Moody, Sr., and Margaret Moody. John Fishel of Boggs & Fishel, Panama City, for Appellee Ashley Coatney. Louis K. Rosenbloum of Louis K. Rosenbloum, P.A., Pensacola, for Appellees. PER CURIAM. This is an appeal from a declaratory judgment in which the trial court ruled that an exclusion in an automobile-liability insurance policy for any loss caused while the insured is committing or attempting to commit a felony was void as against public policy, pursuant to Allstate Indemnity Co. v. Wise, 818 So. 2d 524 (Fla. 2d DCA 2001). Appellant, Mercury Insurance Company of Florida (Mercury), also appeals an award of attorney s fees1 to appellees, William H. Moody, Sr., and Margaret Moody. Mercury concedes that if we affirm the declaratory judgment, the lower court s assessment of fees was proper. We AFFIRM the declaratory judgment, based on the rationale of Wise, and similarly AFFIRM the fee award. ERVIN, DAVIS and HAWKES, JJ., CONCUR. 1 Entered pursuant to section 57.105, Florida Statutes (2002). 2
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