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MERTENS v. SITES

No. 4-86-0008.

490 So.2d 1073 (1986)

Thomas A. MERTENS and Linda R. Mertens, Appellants, v. Blayne SITES, Appellee.

District Court of Appeal of Florida, Fourth District.

July 9, 1986.

Attorney(s) appearing for the Case

Peter Raben, Miami, for appellants.

Andrew L. Siegel, Plantation, for appellee.

PER CURIAM.

We reverse the order awarding attorney's fees to Blayne Sites pursuant to section 57.105, Florida Statutes (1976), because the position taken by the Mertenses was not frivolous or entirely devoid of even arguable substance. Whitten v. Progressive Cas. Ins. Co., 410 So.2d 501 (Fla. 1982). See also Glover v. School Board of Hillsborough County, 462 So.2d 116 (Fla. 2d DCA...

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