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MARYLAND CASUALTY INS. CO. v. SEMMER ELEC., INC.

No. 88-2477.

535 So.2d 670 (1988)

MARYLAND CASUALTY INSURANCE COMPANY, a Corporation, a/S/O Southwest Refrigeration & Air Conditioning Company, Appellant, v. SEMMER ELECTRIC, INC., a Florida Corporation, Appellee.

District Court of Appeal of Florida, Second District.

December 21, 1988.

Attorney(s) appearing for the Case

Gerald W. Pierce of Henderson, Franklin, Starnes & Holt, P.A., Fort Myers, for appellant.

J. Jeffrey Rice of Goldberg, Goldstein & Buckley, P.A., Fort Myers, for appellee.

PER CURIAM.

We agree with the appellant's contention that the circuit court erred in awarding attorney's fees to the appellee pursuant to section 57.105, Florida Statutes (1985). "Attorney's fees may only be awarded pursuant to that statute when the action brought or the defense raised is so clearly devoid of merit both on the facts and the law as to be completely untenable." Brinson v. Creative Aluminum Products, 519 So.2d 59

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