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DURIE v. DURIE

No. 94-1959.

672 So.2d 885 (1996)

Jack F. DURIE, Jr., Appellant, v. In re Guardianship of Mary Nugent DURIE, et al., Appellee.

District Court of Appeal of Florida, Third District.

May 1, 1996.

Attorney(s) appearing for the Case

Jack F. Durie, Jr., Orlando; Caruso, Burlington, Bohn & Compiani and Russell S. Bohn, West Palm Beach, for appellant.

James C. Blecke, Miami, for appellee.

Before SCHWARTZ, C.J., and LEVY and GODERICH, JJ.

PER CURIAM.

We do not agree that the appellant's petition for the removal of his incompetent mother's guardian involved "a complete absence of a justiciable issue of either law or fact" so as to justify an award of attorney's fees under section 57.105(1), Florida Statutes (1993). See Whitten v. Progressive Casualty Ins. Co., 410 So.2d 501 (Fla.1982). See generally Bergman v. Serns, 443 So.2d 130

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