5D08-2761 Hayes Caraballo v. Auto-Owners

State: Florida

Court: Florida Fifth District Court

Docket No: 5D08-2761

Case Date: 04/05/2010

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM 2010

HAYES & CARABALLO, PL, ROSEMARY HAYES, ET AL., Appellant, v. AUTO-OWNERS INSURANCE COMPANY, Appellee. ________________________________/ Opinion filed April 9, 2010 Appeal from the Circuit Court for Orange County, Cynthia Z. Mackinnon, Judge. Rosemary Hanna Hayes, of Hayes & Caraballo, PL, Orlando, for Appellant. Robert E. Bonner, of Meier, Bonner, Muszynski, O'Dell & Harvey, P.A., Longwood, for Appellee. Case No. 5D08-2761

PER CURIAM. We affirm the trial court's order denying Appellants' request for attorney's fees under section 57.105, Florida Statutes (2008), or, alternatively, under the court's inherent authority. We find no abuse of the broad discretion vested in the trial court when considering such matters. We reverse only as to the trial court's failure to liquidate

the attorney's fees awarded as a sanction in connection with the August 13, 2007, order on Appellants' motion to compel. AFFIRMED in part; REVERSED in part; and REMANDED.

SAWAYA, ORFINGER and TORPY, JJ., concur.

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