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DALIA v. DUDA

No. 90-1782.

576 So.2d 868 (1991)

Frank DALIA, Appellant, v. Shirley DUDA, Edward Alvarez, Inc., Wimbish Realty, Inc., and Electronic Realty Associates, Inc., Appellees.

District Court of Appeal of Florida, Third District.

March 19, 1991.

Attorney(s) appearing for the Case

Bret Shawn Clark, Miami Shores, for appellant.

Kathy B. Gregg, and D. Michael Schloss, Ft. Lauderdale, for Wimbish Realty, Inc.

Edward Alvarez, Thomson, Muraro, Bohrer & Razook and Steven W. Davis, Miami, for Electronic Realty Associates, Inc.

Levy & Levy and Leroy Levy, North Miami Beach, for Shirley Duda.

Before BARKDULL, FERGUSON and GODERICH, JJ.

PER CURIAM.

This is an attorneys' fee case. An award was made pursuant to section 57.105, Florida Statutes (1989), which authorizes the court to award a reasonable fee to the prevailing party where it finds "that there was a complete absence of a justiciable issue of either fact or law raised by the complaint or defense of the losing party." There was no finding that the third-party complaint was frivolous, and no evidence has yet been presented.

The appellant...

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