Florida District Courts of Appeal, 1998

Kern v. Miller Electric Co.

Kern v. Miller Electric Co.
Florida District Courts of Appeal · Decided February 25, 1998 · Jorgenson, Nesbitt, Sorondo
706 So. 2d 935; 1998 Fla. App. LEXIS 1847; 23 Fla. L. Weekly Fed. D 575 (Southern Reporter, Second Series)

Kern v. Miller Electric Co.

Opinion of the Court

PER CURIAM.

The summary final judgment entered in favor of Miller Electric Co. is affirmed. 26 U.S.C. §§ 3402(a), 3403, 7421 (1995).

Miller Electric Co. cross-appealed the denial of its motion for attorney’s fees pursuant to section 57.105(1), Florida Statutes. We reverse' the order denying attorney’s fees and remand with instructions to conduct a hearing to determine same. See State, Dept. of Transp. v. James, 681 So.2d 886 (Fla. 3d DCA 1996).

Affirmed in part. Reversed in part and remanded with instructions.

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