RESTORATION OF THE TREASURE COAST INC PATRICIA MORELLI v. STATE FARM FIRE AND CASUALTY COMPANY STATE FARM FLORIDA INSURANCE COMPANY (2023)

District Court of Appeal of Florida, Fourth District.

RESTORATION 1 OF THE TREASURE COAST, INC. a/a/o PATRICIA MORELLI, Appellant, v. STATE FARM FIRE AND CASUALTY COMPANY and STATE FARM FLORIDA INSURANCE COMPANY, Appellees.

No. 4D21-3059

Decided: January 04, 2023

Peter Mineo, Jr., of The Mineo Salcedo Law Firm, PA, Davie, for appellant. Elizabeth K. Russo and Paulo R. Lima of Russo Appellate Firm, P.A., Miami, for appellees.

We affirm the trial court's order granting fees pursuant to section 57.105, Florida Statutes (2015). We conclude that the appellant did not object to or try to cure any insufficiency in the motion itself, and the court did not abuse its discretion in determining both that the requirements of section 57.105 were met and the amount of attorney's fees.

Affirmed.

I would find that the motion was insufficient pursuant to section 57.105.

PER CURIAM.

KLINGENSMITH, C.J., and GERBER, J., concur. WARNER, J., dissents with opinion.

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