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JONES v. SOLDAVINI & GUALARIO, INC.

No. 92-01464.

616 So.2d 1048 (1993)

Barbara JONES, as Personal Representative of the Estate of Dewey Polly, James Willis, as Trustee of the Polly-Bannister Trust and as Trustee of the Sunset Views Trust, and Avenell Polly, Appellants, v. SOLDAVINI & GUALARIO, INC., and John Soldavini, Appellees.

District Court of Appeal of Florida, Second District.

Rehearing Denied April 28, 1993.

Attorney(s) appearing for the Case

Robert M. Buckel of Willis, Wilson & Buckel, and Peter T. Wlasuk of Harter, Secrest & Emery, Naples, for appellants.

Mark V. Silverio and Philip Mugavero of Law Offices of Mark V. Silverio, Miami, for appellees.

FRANK, Acting Chief Judge.

The appellants have sought review of a "Final Judgment for Fees and Costs" in which the trial court awarded the appellees an attorney's fee pursuant to section 57.105, Florida Statutes (1991). The predicate for the assessment of such fees was the trial court's dismissal of the claim with prejudice. Based upon our view of this proceeding, including an evaluation of the record in its entirety, we have determined that the award to appellees...

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