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FLORIDA ROCK INDUSTRIES, INC. v. BALBIN

No. 94-534.

660 So.2d 1 (1995)

FLORIDA ROCK INDUSTRIES, INC., Appellant, v. Cesar BALBIN, d/b/a Viscaya Villas, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied September 8, 1995.

Attorney(s) appearing for the Case

Leslie N. Shade, Jr., Tampa, for appellant.

Ronald C. Pathman of Law Office of Ronald C. Pathman, Miami, for appellee.

PER CURIAM.

Cesar Balbin recovered attorney's fees against Florida Rock Industries, Inc. under the provisions of section 57.105(1). We reverse. This action was not so frivolous or so devoid of merit to entitle attorney's fees under this provision.

REVERSED.

PETERSON, C.J., and HARRIS and THOMPSON...

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