Florida Department of Insurance v. Various Shareholders

District Court of Appeal of Florida

Florida Department of Insurance v. Various Shareholders

857 So. 2d 972, 2003 Fla. App. LEXIS 16040, 2003 WL 22415346

CourtDistrict Court of Appeal of Florida

DecidedOctober 24, 2003

DocketNo. 1D02-3699

StatusPublished

This text of 857 So. 2d 972 (Florida Department of Insurance v. Various Shareholders) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Florida Department of Insurance v. Various Shareholders, 857 So. 2d 972, 2003 Fla. App. LEXIS 16040, 2003 WL 22415346 (Fla. Ct. App. 2003).

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Opinion

PER CURIAM.

The receiver challenges the portion of the final order by which the trial court denied its motion for an award of attorney’s fees pursuant to section 631.154(6), Florida Statutes. In accordance with the plain language of this provision, once the receiver successfully established its claim to the funds at issue below, the trial court was without discretion to deny the receiver an award of reasonable attorney’s fees. The portion of the order by which such fees were denied is accordingly reversed and this case is remanded to the trial court for an award of attorney’s fees.

ERVIN, ALLEN and LEWIS, JJ„ Concur.

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PER CURIAM.

The receiver challenges the portion of the final order by which the trial court denied its motion for an award of attorney’s fees pursuant to section 631.154(6), Florida Statutes. In accordance with the plain language of this provision, once the receiver successfully established its claim to the funds at issue below, the trial court was without discretion to deny the receiver an award of reasonable attorney’s fees. The portion of the order by which such fees were denied is accordingly reversed and this case is remanded to the trial court for an award of attorney’s fees.

ERVIN, ALLEN and LEWIS, JJ„ Concur.

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Bluebook (online)

857 So. 2d 972, 2003 Fla. App. LEXIS 16040, 2003 WL 22415346, Counsel Stack Legal Research, https://law.counselstack.com/opinion/florida-department-of-insurance-v-various-shareholders-fladistctapp-2003.