District Court of Appeal of Florida May 20, 2011, No. 5D10-1905 (Guarantee Insurance Co. v. Worker's Temporary Staffing, Inc.)

PER CURIAM.

Appellant challenges the judgment awarding attorney’s fees and costs to Ap-pellee, pursuant to section 627.428, Florida Statutes (2006), after Appellant voluntarily dismissed (without prejudice) its action for unpaid premiums. Because the voluntary dismissal was neither a judgment nor the functional equivalent of a confession of judgment — a precondition to an award under section 627.