Jose Anthony Hernandez and Safeco Insurance Company of Illinois a/k/a Safeco Insurance Company of Illinois, Inc. v. Rebecca L. Heikka

Summary

The Fourth District Court of Appeal of Florida reviewed an attorney’s-fee award of $361,775 to Rebecca Heikka under sections 627.428 and 57.105, Florida Statutes. The court held that although the award under section 627.428 was erroneous, the error was harmless because the award was properly supported as a sanction under section 57.105, and it affirmed.

Holdings

1. The trial court erred in awarding attorney's fees under section 627.428.
2. The error was harmless because the trial court properly awarded attorney's fees and costs under section 57.105, Florida Statutes.

Questions Presented

1. Whether the trial court properly awarded attorney's fees and costs under section 627.428, Florida Statutes.
2. Whether any error in awarding fees under section 627.428 was harmless because the award was independently proper under section 57.105, Florida Statutes.

Disposition

affirmed