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UNITED COMPANIES FIN. CORP. v. HUGHES

No. 84-318.

460 So.2d 585 (1984)

UNITED COMPANIES FINANCIAL CORPORATION, Appellant, v. Robert E. HUGHES, Sr., Trustee, and Michael E. Broyhill, Appellees.

District Court of Appeal of Florida, Second District.

December 21, 1984.

Attorney(s) appearing for the Case

James M. Shuler and Charles L. Weissing of Kass, Hodges & Massari, Tampa, for appellant.

Stuart M. Rosenblum, Clearwater, for appellee Hughes.

SCHEB, Acting Chief Judge.

The trial court awarded attorneys' fees to defendants Robert Hughes and Michael Broyhill in a mortgage foreclosure suit on the authority of section 57.105, Florida Statutes (1983). The plaintiff, United Companies Financial Corporation, contends that there were justiciable issues of fact and law in this litigation, and, therefore, the trial court erred in assessing attorneys' fees under the statute. We agree and vacate the award.

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