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VOGEL v. ALLEN

No. 83-275.

443 So.2d 368 (1983)

Leo VOGEL, Appellant/Cross-Appellee, v. George E. ALLEN, Jr., et al., Appellee, and Dan A. Wilcox, Appellee/Cross-Appellant.

District Court of Appeal of Florida, Fifth District.

December 29, 1983.

Attorney(s) appearing for the Case

Fred S. Disselkoen, Jr., of Duffett, Seps & Akers, Ormond Beach, for appellant/cross-appellee.

William L. Townsend, Jr., and Kate L. Walton, of Walton & Townsend, Palatka, for appellee/cross-appellant Wilcox.

No appearance for appellee Allen.

SHARP, Judge.

Vogel appeals from an order of the trial court assessing costs and attorney's fees against him pursuant to section 57.105, Florida Statutes (1981). We reverse certain of the costs because we think they were not proper, and we reverse the attorney's fee award because we do not think there was a complete absence of justiciable issues of law and fact raised by Vogel's complaint. See Allen v. Dutton,

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