28 Fla. L. Weekly D2461d
Attorney’s fees — Insurance — Insolvent insurers — Rehabilitation and liquidation — Where receiver successfully established claim to funds at issue, trial court was without discretion to deny receiver an award of reasonable attorney’s fees
FLORIDA DEPARTMENT OF INSURANCE, as RECEIVER of UNISOURCE INSURANCE COMPANY, Appellant, v. VARIOUS SHAREHOLDERS, CHARLES STEINER, and RALPH MADIO, Appellees. 1st District. Case No. 1D02-3699. Opinion filed October 24, 2003. An appeal from Circuit Court for Leon County. P. Kevin Davey, Judge. Counsel: Laudelina McDonald of Florida Department of Insurance, Tallahassee, and Helen Ann Hauser of Dittmar & Hauser, P.A., Coconut Grove, for Appellant. Kenneth W. Sukhia of Fowler White Boggs Banker, P.A., Tallahassee, for Appellees.
(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.)
