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MULLINS v. KENNELLY

No. 5D02-3137.

847 So.2d 1151 (2003)

Deborah MULLINS, Appellant, v. John KENNELLY and Patricia Kennelly, Appellee.

District Court of Appeal of Florida, Fifth District.

June 27, 2003.

Attorney(s) appearing for the Case

Brent C. Miller and Thomas D. Hippelheuser, of Law Office of Brent C. Miller, P.A., Tavares, for Appellant.

James F. Spindler, Jr., of James F. Spindler, Jr., P.A., Crystal River, for Appellee.

ORFINGER, J.

Deborah Mullins and her attorney, Brent C. Miller, P.A., appeal an order assessing attorney's fees against them pursuant to section 57.105, Florida Statutes (1999). For the reasons that follow, we reverse.

Mullins, through Miller, her attorney, sued John and Patricia Kennelly in May, 1999, alleging that Mullins was injured in December, 1997, when the Kennellys' dog attacked the horse she was riding, causing the horse to fall and roll over on her...

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