COHEN v. GENERAL MOTORS CORPORATION, CADILLAC DIVISION

No. 83-942.

444 So.2d 1170 (1984)

Dr. Bernard COHEN and Florence Cohen, His Wife, Appellants, v. GENERAL MOTORS CORPORATION, CADILLAC DIVISION, Appellee.

District Court of Appeal of Florida, Fourth District.

February 15, 1984.


Attorney(s) appearing for the Case

Milton Kelner of Kelner & Kelner, Miami, for appellants.

R. Benjamine Reid of Kimbrell, Hamann, Jennings, Womach, Carlson & Kniskern, P.A., Miami, for appellee.


DOWNEY, Judge.

The primary issue here is whether there was a complete absence of justiciable issue of either law or fact raised by appellants so as to warrant the imposition of attorney's fees under section 57.105, Florida Statutes (1981). The trial court found there was; we disagree and reverse.

Appellant, Dr. Bernard Cohen, playing the role of good samaritan, attempted to assist Pearl Lowenstein in releasing the automatic parking brake on her Cadillac. Pearl...

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