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555 So. 2d 405

555 So.2d 405

14 Fla.L.Weekly 2915

Smith v. Broida

District Court of Appeal of Florida

Decided December 12, 1989

District Court of Appeal of Florida · decided 1989-12-12

Relies on 410 So. 2d 501 - Whitten v. Progressive Cas. Ins. Co.

Decided 1989-12-12

PER CURIAM.

¶1Upon review of the file herein, we conclude that the action filed by appellee was frivolous. See Whitten v. Progressive Casualty Ins. Co., 410 So.2d 501, 505-06 (Fla.1982). We therefore reverse the order denying attorney’s fees under section 57.105, Florida Statutes (1987), and remand for determination of the amount. As to the cross-appeal, we affirm the order awarding costs to appellants/cross-appellees.

¶2Affirmed in part, reversed in part, and remanded.

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