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NEUROMED, INC. v. FLORIDA ENERGY MANAGEMENT SERVICES, INC.

No. 91-0285.

600 So.2d 479 (1992)

NEUROMED, INC., Appellant, v. FLORIDA ENERGY MANAGEMENT SERVICES, INC., a Florida corporation n/k/a R & D Group, Inc., Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied July 9, 1992.

Attorney(s) appearing for the Case

Peter B. Weintraub of Werksman & Weintraub, Deerfield Beach, for appellant.

Laura L. Brogan of Laura L. Brogan, P.A., Pompano Beach, for appellee.

PER CURIAM.

This cause is per curiam affirmed with the exception of the award of attorney's fees on the counterclaim.

The award was predicated on section 57.105, Florida Statutes (1991), but after examination of the pleadings and the record, we do not agree that the counterclaim was "frivolous," "entirely devoid of even arguable substance" and that "there was a complete absence of a justiciable issue raised by the losing party." Whitten v. Progressive Casualty...

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