HEMMERLE v. MGB CORPORATION

No. 83-1576.

454 So.2d 52 (1984)

Kenneth HEMMERLE II and Lynn H. Hemmerle, Appellants, v. MGB CORPORATION, D/B/a Gulfstream Seafoods; Kenneth V. Hemmerle, Maria Popejoy and Hemmerle Development Corporation, D/B/a Hemmerle Restaurant, Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied September 10, 1984.


Attorney(s) appearing for the Case

Kenneth Hemmerle II and Lynn H. Hemmerle, Fort Lauderdale, pro se appellants.

John A. Gentry, III, of Law Offices of John A. Gentry, III, P.A., West Palm Beach, for appellee-MGB Corp.


PER CURIAM.

We affirm that portion of the trial court's order which denied the defendants'/appellees' motion to quash execution and vacate a final judgment. We reverse, however, the award of attorney's fees, granted pursuant to section 57.105, Florida Statutes (1983). The record demonstrates that the proceeding below cannot be characterized as one in which there was "a total or absolute lack of a justiciable issue, which is tantamount to a finding that the action...

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