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EISMAN v. ROSS

No. 94-2954.

664 So.2d 1128 (1995)

Mae EISMAN; David H. Zoberg; Barbara Zoberg; Law Office of David H. Zoberg, P.A.; Ronald Weinstein; Shooting Star Enterprises, Inc.; Peter Zoberg and David Zoberg as co-Trustees of and for Linda Zoberg IV Trust; Shooting Star Enterprises, Inc. as General Partner of and for Hialeah Lakes Plaza 123, Ltd.; Hialeah Lakes Plaza 123, Ltd.; David Zoberg as Trustee of and for Peter Zoberg Trust; Peter Zoberg as Trustee of and for David Zoberg Trust; Mae Zoberg; Mae Zoberg, Peter Zoberg as Trustee for David Zoberg Trust, David Zoberg, as Trustee for Peter Zoberg Trust, all as Partners of and for Zoberg Family Partnership, Zoberg Family Partnership, and Ariel Furst, Esq., Appellants, v. Lauri ROSS, Robert Maland, Law Office of Maland and Ross, a Partnership, Roger M. Dunetz, and Bonnie Rosen, Appellees.

District Court of Appeal of Florida, Third District.

December 13, 1995.

Attorney(s) appearing for the Case

Ariel E. Furst, Miami Beach; David H. Zoberg, Miami, for appellants.

Maland & Ross and Lauri Ross, Miami, for appellees.

Before NESBITT, GODERICH and GREEN, JJ.

ON MOTION FOR CLARIFICATION AND MOTION TO AMEND MANDATE

PER CURIAM.

We grant appellant's second motion for clarification and substitute the following for our previous opinion filed on September 27, 1995.

Based on the record before us, we affirm the trial court's award of attorneys' fees and costs pursuant to section 57.105(1), Florida Statutes (1993). We must, however, reverse that portion of the award which represents both costs and attorney...

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