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STATE FARM MUT. AUTO. INS. CO. v. SWINDOLL

No. 3D10-487.

54 So.3d 548 (2011)

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Appellant, v. William SWINDOLL and Fernando Lopez, Appellees.

District Court of Appeal of Florida, Third District.

February 2, 2011.

Attorney(s) appearing for the Case

Cooney Trybus Kwavnick Peets, and Warren B. Kwavnick , Fort Lauderdale, for appellant.

Kimberly L. Boldt , Hollywood; Hoffman & Hoffman, and John D. Hoffman , Miami, for appellees.

Before CORTIÑAS, ROTHENBERG, and SALTER, JJ.

SALTER, J.

State Farm Mutual Automobile Insurance Company appeals an order assessing attorney's fees against it as a sanction for a mistrial caused by its expert witness, Dr. Stephen Wender. Finding that there is no evidence, and no finding, of bad faith on the part of State Farm itself, we reverse the order. We do so without prejudice, however, to the appellee's right to seek the imposition of such a sanction against Dr. Wender personally.1

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