COOK v. COOK

No. 91-03044.

602 So.2d 644 (1992)

James Roland COOK, Appellant, v. Kathy COOK, Appellee.

District Court of Appeal of Florida, Second District.

July 10, 1992.


Attorney(s) appearing for the Case

John W. Frost, II, and Douglas K. Burnetti of Frost & Dale, P.A., Bartow, for appellant.

Karl F. Pansler and Richard A. McKinley, Bartow, for appellee.


PARKER, Judge.

James Cook appeals an order awarding attorney's fees to Kathy Cook under section 57.105, Florida Statutes (Supp. 1990) based upon the trial court's finding that Mr. Cook had pursued a frivolous claim. We reverse, concluding that the trial court abused its discretion in awarding fees.

In 1987 Mr. Cook suffered a severe eye injury in an accident. Shortly thereafter Mr. Cook began receiving checks from various insurance companies with which he...

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