11 Fla. L. Weekly Supp. 1044b
Attorney’s fees — Insurance — Justiciable issues — Error to conclude that insurer’s voluntary dismissal deprived trial court of jurisdiction to award attorney’s fees under section 57.105 — Costs — Defendant is entitled to award of costs under rule 1.420
CINDY DOROGAN, Appellant, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Appellee. Circuit Court, 11th Judicial Circuit (Appellate) in and for Miami-Dade County. Case No. 03-442 AP. L.C. Case No. 2001004108 cc 26. September 21, 2004. An appeal from the County Court for Miami-Dade County, Cristina Pereyra-Shuminer, Judge. Counsel: Sina Negahbani, for Appellant. Frances F. Guasch, Luis E. Ordonez & Associates, for Appellee.
(Before GENDEN, BAILEY, and KREEGER, JJ.)
(PER CURIAM.) The trial court erred in concluding that State Farm’s voluntary dismissal deprived it of jurisdiction to award Dorogan her attorneys fees under §57.105 of the Florida Statutes. Bay Financian Savings Bank F.S.B. v. Hook, 648 So.2d 305 (Fla. 2nd DCA 1995); McBain v. Bowling, 374 So.2d 75, 76 (Fla. 3rd DCA 1979). Dorogan is entitled to costs pursuant to Fla. Rule Civ. Pro. 1.420.
The holding is therefore, reversed, and the cause remanded to the trial court. Upon remand, the trial court shall entertain argument on Dorogan’s §57.105 claim and make a determination whether fees should be awarded under Fla. Stat. §57.105. The amount of costs which must be awarded under Fla. Rule Civ. Pro. 1.420 shall be determined.
Dorogan’s appeal with regard to the trial court’s ruling on the §768.79 Florida Statues claim is without merit, and is therefore affirmed.
Affirmed in part; reversed in part; remanded with directions.
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