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Florida District Courts of Appeal, 1984

Wicker v. Merrill Lynch Relocation Management, Inc.

Wicker v. Merrill Lynch Relocation Management, Inc.
Florida District Courts of Appeal · Decided November 28, 1984 · Barkett, Dell, Downey
459 So. 2d 463; 9 Fla. L. Weekly 2505; 1984 Fla. App. LEXIS 16602 (Southern Reporter, Second Series)

Wicker v. Merrill Lynch Relocation Management, Inc.

Opinion of the Court

PER CURIAM.

We affirm the dismissal of appellants’ complaint. However, we reverse the award of attorney fees. Although appellants’ complaint failed to withstand dismissal, it was not frivolous or entirely devoid of even arguable substance. See Whitten v. Progressive Casualty Ins. Co., 410 So.2d 501 (Fla. 1982).

AFFIRMED IN PART, REVERSED IN PART.

DOWNEY, DELL and BARKETT, JJ., concur.

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