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SIMS v. STACK

No. 1D01-1136.

805 So.2d 1084 (2002)

Paul SIMS, as Trustee of the Mattie M. Kelly 908 Trust, Appellant, v. J.E. STACK, Jr., and wife, Frances Margaret Stack, a/k/a Madge English Stack and Whitney National Bank of New Orleans, a Louisiana Banking Corporation, et al., Appellees, and J.E. Stack, Jr., and wife, Frances Margaret Stack, a/k/a Madge English Stack, Cross-Appellants.

District Court of Appeal of Florida, First District.

February 1, 2002.

Attorney(s) appearing for the Case

Douglas L. Smith of Burke & Blue, P.A., Panama City, for Appellant.

Bert Moore of Bert Moore, P.A., Niceville, for Appellees/Cross-Appellants J.E. Stack, Jr. and Frances Margaret Stack.

H. Bart Fleet of Chesser, Wingard, Barr & Fleet, P.A., Shalimar, for Appellee Whitney National Bank.

PER CURIAM.

We affirm without discussion as to all issues raised except that relating to the propriety of the award of attorney fees to appellant, payable by appellees Mr. and Mrs. Stack. Because appellant concedes that no basis exists for an award of attorney fees, we reverse that award.

AFFIRMED IN PART and REVERSED IN PART.

WOLF, WEBSTER and BROWNING...

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