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NODAL v. INFINITY AUTO INS. CO.

Nos. 2D09-1106, 2D09-1129.

50 So.3d 721 (2010)

Raul F. NODAL, M.D., Appellant, v. INFINITY AUTO INSURANCE CO. f/k/a Leader Insurance Co., Appellee. Perez Personal Injury Clinic, Appellant, v. Infinity Auto Insurance Co., f/k/a Leader Insurance Co., Appellee.

District Court of Appeal of Florida, Second District.

December 17, 2010.

Attorney(s) appearing for the Case

Kimberly P. Simoes of The Simoes Law Group, P.A., Daytona Beach, and Shannon McLin Carlyle of the Carlyle Appellate Law Firm, The Villages, for Appellant Raul F. Nodal, M.D.

Crystal L. Eiffert and Chad A. Barr of Eiffert & Associate, P.A., Orlando, for Appellant Perez Personal Injury Clinic.

Betsy E. Gallagher and Amy L. Miles of Kubicki, Draper, Tampa, for Appellee.

NORTHCUTT, Judge.

Infinity Auto Insurance Company sued Raul Nodal and Perez Personal Injury Clinic (PPIC) seeking damages under various tort theories, including civil theft. Eventually Infinity dismissed its complaint without prejudice. The narrow issue presented in these appeals is whether Nodal and PPIC are entitled to recover the attorney's fees and costs they expended in defense of the suit. The circuit court concluded that they were not. We disagree, and we reverse...

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