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KAHN FOR USE & BEN. OF AMICA v. KAHN

No. 92-1840.

630 So.2d 223 (1994)

Melvin KAHN, For Use and Benefit of AMICA MUTUAL INSURANCE COMPANY, etc., Appellant, v. Steven KAHN, and United States Fidelity and Guaranty Company, Appellees.

District Court of Appeal of Florida, Third District.

January 4, 1994.

Attorney(s) appearing for the Case

Roy D. Wasson, Miami, McNally & Walker, Coral Gables, and Eric S. Kleinman, Ellenville, NY, for appellant.

Richard A. Sherman and Rosemary B. Wilder, Ft. Lauderdale, Mark A. Pedisich, Plantation, for appellees.

Before HUBBART, BASKIN and COPE, JJ.

CORRECTED OPINION

PER CURIAM.

This is an appeal of a final judgment assessing attorney's fees under section 57.105(1), Florida Statutes (1991). We reverse.

Amica Mutual Insurance Company ("Amica") filed a subrogation action in the name of its insured, Melvin Kahn. Melvin Kahn was a passenger in a motor vehicle driven by his cousin, Steven Kahn. Melvin was injured in an automobile accident which occurred while Steven was driving. Appellee United...

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