TUCKER v. BRAY

No. 84-313.

458 So.2d 841 (1984)

Joseph TUCKER, Appellant, v. Garlan Eugene BRAY, Appellee.

District Court of Appeal of Florida, Second District.

November 7, 1984.


Attorney(s) appearing for the Case

Joseph Tucker, pro se.

Glenn T. Shelby, Law Offices of James S. Welch, Lakeland, for appellee.


DANAHY, Judge.

The appellant filed a complaint against the appellee sounding in tort. The appellee responded with a motion to dismiss with prejudice and a request for attorney's fees pursuant to section 57.105, Florida Statutes (1983). The trial judge granted the motion, dismissing the complaint with prejudice and awarding fees of $500. This appeal followed.

We hold that the trial judge abused his discretion in failing to give the appellant at least one chance...

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