PINEDA v. STATE FARM FLORIDA INS. CO.

No. 3D09-1003.

47 So.3d 890 (2010)

Jose Alejandro PINEDA and Martha Pineda, Appellants/Cross-Appellees, v. STATE FARM FLORIDA INSURANCE COMPANY, Appellee/Cross-Appellant.

District Court of Appeal of Florida, Third District.

Rehearing and Rehearing En Banc Denied December 10, 2010.


Attorney(s) appearing for the Case

Marlene S. Reiss , Miami, for appellants/cross-appellees.

Bernstein, Chackman & Liss and Rose, and Bonnie M. Sack , Hollywood; Russo Appellate Firm and Elizabeth K. Russo and Susan S. Lerner , Miami, for appellee/cross-appellant.

Before COPE and SHEPHERD, JJ., and SCHWARTZ, Senior Judge.


COPE, J.

This is an appeal and cross-appeal of an order denying attorney's fees under section 627.428, Florida Statutes (2009), for services rendered in connection with an appraisal under a homeowners insurance policy. We affirm in part and reverse in part.

The appellants, Jose and Martha Pineda, are the insureds in a homeowners insurance policy issued by State Farm Florida Insurance Company ("State Farm"). Their home was damaged by Hurricane Wilma in October...

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