BISCAYNE AWNING & SHADE CO., INC. v. MIAMI BEACH AWNING COMPANY

No. 90-270.

565 So.2d 740 (1990)

BISCAYNE AWNING & SHADE CO., INC., Appellant, v. MIAMI BEACH AWNING COMPANY, D/B/a Miami Awning Company, et al., Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied September 17, 1990.


Attorney(s) appearing for the Case

Jose A. Bolanos, Coral Gables, for appellant.

Corlett, Killian, Ober, Hardeman, McIntosh & Levi, and Robert A. Mercer, Miami, for appellees.

Before BASKIN, FERGUSON and COPE, JJ.


PER CURIAM.

Biscayne Awning & Shade Company appeals an order dismissing its amended complaint for failure to prosecute. We reverse.

Biscayne brought suit against several defendants. A summary judgment was entered in favor of defendant Robert M. Reilly. Thereafter, Reilly moved for attorney's fees and costs pursuant to section 57.105, Florida Statutes (1987). On January 26, 1989 the trial court rendered its order denying the motion.

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