Florida District Courts of Appeal, 1986

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)

Cases that cite this one

1 later published case cites this decision.

Crawford v. American Household Storage Co. of Florida (Fla. Dist. Ct. App. 1987)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

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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