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WALL v. DEPT. OF TRANSP. OF STATE OF FLA.

No. 83-2436.

455 So.2d 1138 (1984)

Leolus L. WALL, As Personal Representative of the Estate of Iris M. Wall, Appellant, v. DEPARTMENT OF TRANSPORTATION OF the STATE OF FLORIDA, the County of Sarasota, Deborah Ann Curtis and Sears-Roebuck Company, a Corporation, Appellees.

District Court of Appeal of Florida, Second District.

September 19, 1984.

Attorney(s) appearing for the Case

James E. Aker of Icard, Merrill, Cullis, Timm & Furen, P.A., Sarasota, for appellant.

Robert C. Widman of Nelson, Hesse, Cyril, Smith, Widman & Herb, Sarasota, for appellees County of Sarasota.

RYDER, Chief Judge.

Leolus L. Wall, the plaintiff below, appeals from an order assessing attorney's fees against him pursuant to section 57.105, Florida Statutes (1981). We reverse.

Appellant filed a complaint against, among others, the Department of Transportation (DOT) and Sarasota County, alleging that he was injured and his wife killed in an automobile accident. The complaint stated, inter alia, that Sarasota County negligently caused or allowed a traffic...

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