State Farm Mutual Automobile Insurance Co. v. Malmberg

W. SHARP, Judge.

State Farm Mutual Automobile Insurance Company appeals from a post-judgment order which denied it an award of attorney’s fees pursuant to sections 45.061 and 768.79, Florida Statutes (1991), and to Florida Rule of Civil Procedure 1.442, and which awarded it $5,218.02 in costs under the prevailing party statute.1 State Farm argues it was entitled to an attorney’s fee award even though the jury returned a defense verdict, because under the circumstances of this ease, it is clear that the plaintiffs below (Thelma and Gordon Malmberg) unreasonably rejected State Farm’s offer to…