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BRAHMBHATT v. ALLSTATE INDEMNITY CO.

No. 94-0830.

655 So.2d 1264 (1995)

Garish BRAHMBHATT, as Personal Representative of the Estate of Munish Brahmbhatt, Appellant, v. ALLSTATE INDEMNITY COMPANY, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied May 12, 1995.

Attorney(s) appearing for the Case

Clifford M. Miller of Clifford M. Miller, Chartered, Vero Beach, for appellant.

John F. Colowich, Vero Beach, for appellee.

KLEIN, Judge.

We withdraw the opinion filed April 5, 1995 and substitute the following opinion.

In Treat v. State ex rel. Mitton, 121 Fla. 509, 163 So. 883 (1935), our supreme court defined a frivolous appeal as follows:

A frivolous appeal is not merely one that is likely to be unsuccessful. It is one that is so readily recognizable as devoid of merit on the face of the record that there is little, if any, prospect whatsoever that it can ever...

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