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AQUA RABELLA, INC. v. HYE

No. 87-1928.

537 So.2d 205 (1989)

AQUA RABELLA, INC., Aqua Rabella Associates, a Partnership, and Robert C. Copes, Kenneth H. Durnbaugh, Richard H. Terwilliger, Richard E. Breeden, and Philip J. Tibbetts, Appellants, v. Herbert HYE, et al., Appellees.

District Court of Appeal of Florida, Fourth District.

January 25, 1989.

Attorney(s) appearing for the Case

J. Stockton Bryan, Stuart, for appellants.

Jane L. Cornett and Howard E. Googe of Wackeen, Koebe, Cornett & Googe, P.A., Stuart, for appellees.

PER CURIAM.

We reverse the "Order on Defendant's Motion For Attorney's Fees and Costs" which was entered below after dismissal of the main action for lack of prosecution. The order for attorney's fees based upon section 57.105, Florida Statutes, recited "that there is a complete and total lack of a justiciable issue... ." Finding no record support for this holding we reverse the award in its entirety. Thus disposing of the case, we do not reach the additional points...

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