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MERRILL ENTER., INC. v. BARKETT OIL CO. OF FLA.

No. 82-412.

421 So.2d 770 (1982)

MERRILL ENTERPRISES, INC., Appellant, v. BARKETT OIL COMPANY OF FLORIDA, Appellee.

District Court of Appeal of Florida, Fourth District.

November 10, 1982.

Attorney(s) appearing for the Case

Joseph S. Paglino, Miami, for appellant.

Sidney M. Pertnoy of Wallace, Breslow & Pertnoy, Miami, for appellee.

PER CURIAM.

This is an appeal from a post judgment order taxing costs and assessing attorneys' fees against the plaintiff pursuant to Section 57.105, Florida Statutes (1981). The order in question was entered after plaintiff/appellant voluntarily dismissed the case on the eve of trial. Appellant contends that attorneys' fees cannot be taxed after a voluntary dismissal. MacBain v. Bowling, 374 So.2d 75 (Fla. 3rd DCA 1979)...

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