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BISHOP v. MOORE

No. 87-1958.

531 So.2d 246 (1988)

Fred A. BISHOP, Helen Demos, Lucille Dunnigan, Kurt Kanow, Mr. and Mrs. James McMahon and the Orlando Central Seventh Day Adventist Church, As Owners and or Trustees of Bel Fountaine, Appellants, v. William T. MOORE, As Personal Representative of the Estate of Laurnell E. Yafanaro and Joseph M. Caruso, Jr., Appellees.

District Court of Appeal of Florida, Fifth District.

September 22, 1988.

Attorney(s) appearing for the Case

Kelvin L. Averbuch, Orlando, for appellants.

Robert A. White of Arnold, Metheny & Eagan, P.A., Orlando, for appellee Joseph M. Caruso, Jr.

Robert Kit Korey and Edward F. Simpson, Jr., Ormond Beach, for appellee William T. Moore, as Personal Representative of the Estate of Laurnell E. Yafanaro.

PER CURIAM.

This is an appeal from an order dismissing a complaint for declaratory relief. We affirm the order because it, in effect and by its findings, makes the correct ruling regarding the declaratory relief sought. However, we cannot affirm the award of attorney's fees against appellant. Although appellants properly lost their case, there was not a complete absence of a justiciable issue. The trial court did not make that specific finding in its order and we...

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