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TOBIN v. BURSCH

No. 3D02-3294.

977 So.2d 745 (2008)

Gerald TOBIN, Appellant, v. Jonathan E. BURSCH, Appellee.

District Court of Appeal of Florida, Third District.

March 26, 2008.

Attorney(s) appearing for the Case

Howard Brodsky, Miami, for appellant.

Jonathan E. Bursch, in proper person.

Before COPE, SUAREZ, and ROTHENBERG, JJ.

PER CURIAM.

The defendant, Gerald Tobin ("Tobin"), appeals the denial of his motion for attorney's fees pursuant to subsection 57.105(1), Florida Statutes (2002).1 We reverse and remand.

The plaintiffs, Jonathan E. Bursch, Raymond Bursch, and Deborah Bursch, filed a legal malpractice action against Tobin. Although Tobin's appeal proceeded and was resolved in Tobin's favor as to Raymond...

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