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LANDRY v. COUNTRYWIDE HOME LOANS, INC.

No. 98-1594.

731 So.2d 137 (1999)

Dale R. LANDRY and wife, Ulrike P. Landry, Appellants, v. COUNTRYWIDE HOME LOANS, INC., Appellee.

District Court of Appeal of Florida, First District.

April 27, 1999.

Attorney(s) appearing for the Case

Douglas L. Smith and David M. Noll of Burke & Blue, P. A., Panama City, for Appellants.

Michael W. Udowychenko of Butler & Hosch, P.A., Orlando, for Appellee.

JOANOS, J.

Dale R. and Ulrike P. Landry (appellants) appeal the trial court's denial of an award of attorney's fees, after Countrywide Home Loans, Inc. (Countrywide) voluntarily dismissed its complaint for mortgage foreclosure against appellants. Appellants contend the trial court abused its discretion in refusing to award them an attorney's fee in accordance with the provisions of section 57.105(2), Florida Statutes (1995). We agree, and reverse the denial of appellants...

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