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FLORIDA DEPT. OF REVENUE v. LUCIGNANI

No. 3D99-2751.

775 So.2d 996 (2000)

FLORIDA DEPARTMENT OF REVENUE, on Behalf of Barbara R. LUCIGNANI, Appellant, v. Alfred LUCIGNANI, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied January 31, 2001.

Attorney(s) appearing for the Case

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

Barry S. Franklin, North Miami Beach, for appellee.

Before JORGENSON, COPE, and GODERICH, JJ.

PER CURIAM.

The Florida Department of Revenue (DOR), on behalf of the former wife in an action for child support arrearage, appeals the trial court's order assessing attorney's fees against both the DOR and the former wife pursuant to section 57.105, Florida Statutes (1997). For the following reasons, we reverse.

Barbara Lucignani (the mother) and appellee Alfred Lucignani (the father) were divorced in 1976. The mother, the custodial parent of the couple's...

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