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SMITH v. BROIDA

No. 89-1306.

555 So.2d 405 (1989)

Samuel S. SMITH, and Smith & Mandler, P.A., Appellants/Cross-Appellees, v. Edith Horowitz BROIDA, Appellee/Cross-Appellant.

District Court of Appeal of Florida, Third District.

Rehearing Denied February 8, 1990.

Attorney(s) appearing for the Case

Stephens, Lynn, Klein & McNicholas and Robert M. Klein, Miami, for appellants/cross-appellees.

Edith Horowitz Broida, in pro. per.

Before SCHWARTZ, C.J., and BASKIN and COPE, JJ.

PER CURIAM.

Upon review of the file herein, we conclude that the action filed by appellee was frivolous. See Whitten v. Progressive Casualty Ins. Co., 410 So.2d 501, 505-06 (Fla. 1982). We therefore reverse the order denying attorney's fees under section 57.105, Florida Statutes (1987), and remand for determination of the amount. As to the cross-appeal, we affirm the order awarding costs to appellants/cross-appellees.

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