BUILDERS SHORING v. KING

Nos. 83-1285, 83-1710.

453 So.2d 534 (1984)

BUILDERS SHORING AND SCAFFOLDING, Etc., et al., Appellants, v. Carroll Donald KING, et al., Appellees.

District Court of Appeal of Florida, Fifth District.

August 2, 1984.


Attorney(s) appearing for the Case

Dennis J. Wall of Rumberger, Kirk, Caldwell, Cabaniss & Burke, Orlando, for appellants.

Martin B. Unger and Edmund T. Baxa, Jr., of Swann & Haddock, P.A., Orlando, for appellee F.W. Woolworth & Co.

No appearance for appellees King.


ORFINGER, Judge.

The trial court correctly dismissed the third party complaint, so the amended final judgment in favor of the third party defendant is affirmed.

We do not agree, however, that the third party complaint was so frivolous as to warrant the imposition of attorney's fees against the third party plaintiffs under the provisions of section 57.105, Florida Statutes (1983). Although the position asserted by third party plaintiffs was erroneous on the...

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