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RUSSELL v. STATE

No. 81-531.

417 So.2d 1119 (1982)

Major RUSSELL, As Personal Representative of the Estate of Mary Jean Bradham, Deceased, and On Behalf of Norman Bradham, Jeffery Bradham and Greg Bradham, Minor Children of Mary Jean Bradham, Deceased, Appellants, v. The STATE of Florida and Gordon Oldham, Jr., As State Attorney for the Fifth Judicial Circuit of the State of Florida, an Agency of the State of Florida, Appellees.

District Court of Appeal of Florida, Fifth District.

August 11, 1982.

Attorney(s) appearing for the Case

Kenneth R. Cate and Herbert H. Hall, Jr., of Maher, Overchuck, Langa & Cate, Orlando, and Sammy Cacciatore of Nance, Cacciatore & Sisserson, Melbourne, for appellants.

David R. Best of Maguire, Voorhis & Wells, P.A., Orlando, for appellees.

ORFINGER, Chief Judge.

This appeal is from an order assessing attorney's fees against appellant, plaintiff below, under section 57.105, Florida Statutes (1979). We reverse.

The underlying litigation out of which the assessment arose was an action for damages against the State of Florida and the State Attorney for the Fifth Judicial Circuit in which it was alleged, in substance, that the State was negligent in not using due care to secure the "preventive detention...

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