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NOGGLE v. TURNER CATTLE CO.

No. 94-02419.

656 So.2d 619 (1995)

Margaret NOGGLE, as Personal Representative of the Estate of Harold Noggle, and Daniel Noggle, individually, Appellants, v. TURNER CATTLE COMPANY, Appellee.

District Court of Appeal of Florida, Second District.

June 28, 1995.

Attorney(s) appearing for the Case

Scott A. Hunter of Law Offices of Bernard F. Walsh, P.A., Sarasota, for appellants.

Gary W. Nicholson of Carson, Guemmer and Nicholson, Tampa, for appellee.

ALTENBERND, Acting Chief Judge.

The plaintiffs appeal an order awarding attorney's fees in favor of Turner Cattle Company (Turner Cattle) pursuant to section 57.105, Florida Statutes (1991), in this wrongful death and personal injury action. We reverse. Although Turner Cattle prevailed on its motion for summary judgment, the personal representative's action was not frivolous at its inception. See Huie v. Dent & Cook, P.A., 635 So.2d 111...

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