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FLORIDA DEPT. OF INS. v. VARIOUS SHAREHOLDERS

No. 1D02-3699.

857 So.2d 972 (2003)

FLORIDA DEPARTMENT OF INSURANCE, as Receiver of Unisource Insurance Company, Appellant, v. VARIOUS SHAREHOLDERS, Charles Steiner, and Ralph Madio, Appellees.

District Court of Appeal of Florida, First District.

October 24, 2003.

Attorney(s) appearing for the Case

Laudelina McDonald of Florida Department of Insurance, Tallahassee, and Helen Ann Hauser of Dittmar & Hauser, P.A., Coconut Grove, for Appellant.

Kenneth W. Sukhia of Fowler White Boggs Banker, P.A., Tallahassee, for Appellees.

PER CURIAM.

The receiver challenges the portion of the final order by which the trial court denied its motion for an award of attorney's fees pursuant to section 631.154(6), Florida Statutes. In accordance with the plain language of this provision, once the receiver successfully established its claim to the funds at issue below, the trial court was without discretion to deny the receiver an award of reasonable attorney's fees. The portion of the order by which such...

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