Cook v. Estate of Silverio

Eldalee Cook and Theodore Cook (“the Cooks”) appeal from an Order on Personal Representative’s Motion to Assess Attorney’s Fees and Other Sanctions in which the trial court awarded attorney fees, pursuant to Section 57.105, Florida Statutes (2002), to the Personal Representative of the Estate of Gloria M. Silverio. We reverse.

*1254On December 7, 1999, an automobile operated by Gloria Silverio collided with an automobile operated by Eldalee Cook. Mrs. Silverio died at the scene, and Cook sustained serious injuries. On January 31, 2000, Nicholas Silverio, as Personal Representative of his wife’s…