SHULMISTER v. YAFFE

Nos. 4D04-555, 4D04-2714.

912 So.2d 53 (2005)

M. Ross SHULMISTER, Appellant, v. Daniel H. YAFFE, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied October 18, 2005.


Attorney(s) appearing for the Case

M. Ross Shulmister, Pompano Beach, Pro Se.

James J. Birch and Stuart R. Michelson of the Law Office of Stuart Michelson, Fort Lauderdale, for appellee.


PER CURIAM.

Appellant, M. Ross Shulmister, appeals orders of the trial court awarding appellee, Daniel Yaffe, attorney's fees for litigating the amount of § 57.105 fees he was awarded for defending against this defamation action brought unsuccessfully by appellant, the plaintiff below. We reverse because § 57.105 provides a remedy only in cases in which the plaintiff's complaint is completely untenable.

Here, although the trial court ruled that the...

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