Florida District Courts of Appeal, 2003

Florida Department of Insurance v. Various Shareholders

Florida Department of Insurance v. Various Shareholders
Florida District Courts of Appeal · Decided October 24, 2003 · Allen, Ervin, Lewis
857 So. 2d 972; 2003 Fla. App. LEXIS 16040; 2003 WL 22415346 (Southern Reporter, Second Series)

Florida Department of Insurance v. Various Shareholders

Opinion of the Court

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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