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DEPT. OF HEALTH & REHAB. SERV. v. MARTIN

No. 90-1870.

574 So.2d 1223 (1991)

DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, STATE OF FLORIDA, Appellant, v. Harriet J. Roberts MARTIN and Herman M. Klemick, Appellees.

District Court of Appeal of Florida, Third District.

February 26, 1991.

Attorney(s) appearing for the Case

Caridad Planas and Carmen Dominguez Frick, Miami, for appellant.

Herman M. Klemick, Miami, for appellees.

Before FERGUSON, COPE and LEVY, JJ.

COPE, Judge.

The Department of Health and Rehabilitative Services appeals a final judgment awarding attorney's fees and costs to appellees under chapter 119, Florida Statutes (1987). We reverse.

Appellee Harriet J. Roberts Martin is personal representative of the estate of Idora Smith. Smith died while in the care of a nursing home in December, 1988. Appellee Herman M. Klemick is counsel for the personal representative.

Subsequent to the decedent's...

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