Florida District Courts of Appeal, 1986

Mertens v. Sites

Mertens v. Sites
Florida District Courts of Appeal · Decided July 9, 1986 · Hersey, Letts, Walden
490 So. 2d 1073; 11 Fla. L. Weekly 1517; 1986 Fla. App. LEXIS 8704 (Southern Reporter, Second Series)

Mertens v. Sites

Opinion of the Court

PER CURIAM.

We reverse the order awarding attorney’s fees to Blayne Sites pursuant to section 57.105, Florida Statutes (1976), because the position taken by the Mertenses was not frivolous or entirely devoid of even arguable substance. Whitten v. Progressive Cas. Ins. Co., 410 So.2d 501 (Fla. 1982). See also Glover v. School Board of Hillsborough County, 462 So.2d 116 (Fla. 2d DCA 1985), and Allen v. Estate of Dutton, 384 So.2d 171 (Fla. 5th DCA 1980).

Reversed.

HERSEY, C.J., and LETTS and WALDEN, JJ., concur.

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