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FL DEPT. OF REV. EX REL. D.H. v. HANNAH

No. 99-00203.

745 So.2d 1055 (1999)

FLORIDA DEPARTMENT OF REVENUE on Behalf of D.H., Appellant, v. Bernard HANNAH, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied December 15, 1999.

Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, and Jon J. Johnson, Assistant Attorney General, for appellant.

Thomas W. Risavy, Miami, for appellee.

Before COPE, GODERICH and FLETCHER, JJ.

PER CURIAM.

The Florida Department of Revenue appeals an order awarding appellee attorney's fees pursuant to subsection 57.105(1), Florida Statutes (1997). We reverse.

In September 1997, the Department of Revenue filed a complaint against appellee to determine paternity of a 13-year-old child. The complaint further alleged that appellee was responsible for child support. The Department filed the complaint because D. H., the child's custodian (the maternal...

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