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STATE FARM AUTO. INS. CO. v. MALMBERG

No. 92-1491.

623 So.2d 755 (1993)

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Appellant, v. Thelma S. MALMBERG, et al., Appellees.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied September 1, 1993.

Attorney(s) appearing for the Case

Randy Fischer and Pamela Bounds Olsen of Boehm, Brown, Rigdon, Seacrest & Fischer, P.A., Ocala, and Francis J. Carroll, Jr. of Boehm, Brown, Rigdon, Seacrest & Fischer, P.A., Daytona Beach, for appellant.

M. Thomas Bond, Jr. of Bond, Arnett & Phelan, P.A., Ocala, for appellees.

W. SHARP, Judge.

State Farm Mutual Automobile Insurance Company appeals from a post-judgment order which denied it an award of attorney's fees pursuant to sections 45.061 and 768.79, Florida Statutes (1991), and to Florida Rule of Civil Procedure 1.442, and which awarded it $5,218.02 in costs under the prevailing party statute.1 State Farm argues it was entitled to an attorney's fee award even though the jury returned a defense verdict...

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