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CONNELLY v. OLD BRIDGE VILLAGE CO-OP, INC.

No. 2D04-4905.

915 So.2d 652 (2005)

Edward C. CONNELLY, Sr., and Grace Miller, Appellants, v. OLD BRIDGE VILLAGE CO-OP, INC., Old Bridge Park Corp., Joseph Marinelli and Rose Marinelli, Appellees.

District Court of Appeal of Florida, Second District.

October 12, 2005.

Attorney(s) appearing for the Case

Robert B. Burandt of Roosa, Sutton, Burandt & Adamski, LLP, Cape Coral, for Appellants.

Charles T. Ferber of Charles T. Ferber, P.A., Fort Myers, for Appellees.

CASANUEVA, Judge.

Edward C. Connelly and Grace Miller, the plaintiffs in this declaratory judgment action, appeal from the trial court's order awarding attorney's fees to the defendants, Joseph and Rose Marinelli, under section 57.105(1), Florida Statutes (2003). Section 57.105(1) authorizes an award of attorney's fees when the plaintiffs or their counsel knew or should have known that their claim against the defendant "was not supported by material facts," or "would...

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