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ST. REGIS PAPER COMPANY v. WILLIAMS

No. 85-41.

475 So.2d 258 (1985)

ST. REGIS PAPER COMPANY, a New York Corporation, d/b/a St. Regis, d/b/a Southern Culvert, Appellant, v. Clifton D. WILLIAMS, Individually, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied September 16, 1985.

Attorney(s) appearing for the Case

V. James Dickson and Randee Carson of Jacobs, Robbins, Gaynor, Burton, Hampp, Burns, Bronstein & Shasteen, P.A., St. Petersburg, for appellant.

H. Eugene Johnson, Tampa, for appellee.

RYDER, Chief Judge.

St. Regis appeals a trial court's order which granted Williams' motion for summary final judgment and motion for attorney's fees under section 57.105, Florida Statutes (1983). We affirm the portion of the order which granted summary judgment, but reverse the award of attorney's fees.

Under section 57.105, an award of attorney's fees is proper only where the action is so clearly devoid of merit both in law and fact as to be completely untenable...

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