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FLORIDA REAL ESTATE COM'N v. SHEALY

No. 93-1929.

647 So.2d 151 (1994)

FLORIDA REAL ESTATE COMMISSION, Appellant, v. Walter D. SHEALY, III, Appellee.

District Court of Appeal of Florida, First District.

May 25, 1994.

Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., and Manuel E. Oliver, Asst. Atty. Gen., Orlando, for appellant.

Joel Hirschhorn and Robert M. Einhorn of Joel Hirschhorn, P.A., Coral Gables, for appellee.

ALLEN, Judge.

The Florida Real Estate Commission appeals an order by which the appellee was awarded an attorney's fee under section 57.111, Florida Statutes. Because the appellee was not a small business party as required by the statute, the appealed order must be reversed.

The Commission initially denied the appellee's application for a real estate sales license. The appellee challenged this action and prevailed...

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