Florida District Courts of Appeal, 1989

Smith v. Broida

Smith v. Broida
Florida District Courts of Appeal · Decided December 12, 1989 · Baskin, Cope, Schwartz
555 So. 2d 405; 14 Fla. L. Weekly 2915; 1989 Fla. App. LEXIS 7015; 1989 WL 149609 (Southern Reporter, Second Series)

Smith v. Broida

Opinion of the Court

PER CURIAM.

Upon 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.

Affirmed in part, reversed in part, and remanded.

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