Hayes & Caraballo v. Auto-Owners

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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. Case No. 5D08-2761 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. 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. 2

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