Preferred National Insurance Co. v. Nichols

BARFIELD, Chief Judge.

The surety on a bond of guardian under chapter 744, Florida Statutes (1993), ehal-.lenges on appeal the award of attorney fees and costs pursuant to section 627.428, Florida Statutes (1993). Appellant contends that section 627.428 does not apply to sureties of guardianship bonds, relying on the supreme court’s decision in DiStefano Construction, Inc. v. Fidelity and Deposit Company of Maryland, 597 So.2d 248 (Fla.1992). Furthermore, appellant contends that even if section 627.428 does apply to sureties of guardianship bonds, its total liability, including attorney fees…