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FOUNTAS v. MICROCOMPUTER RESOURCES, INC.

No. 4D10-3085.

87 So.3d 1256 (2012)

John P. FOUNTAS, Appellant, v. MICROCOMPUTER RESOURCES, INC. and Paul P. Fountas, Appellees.

District Court of Appeal of Florida, Fourth District.

May 23, 2012.

Attorney(s) appearing for the Case

Steven N. Lippman of Rice Pugatch Robinson & Schiller, P.A., Fort Lauderdale, for appellant.

Patrick S. Scott of GrayRobinson, P.A., Fort Lauderdale, for appellee Marika Tolz.

PER CURIAM.

John P. Fountas (plaintiff) appeals the trial court's award of attorney's fees and costs in favor of Marika Tolz. The trial court concluded that Tolz was entitled to recover her reasonable attorney's fees and costs under section 607.07401(5), Florida Statutes, because plaintiff's derivative action against Tolz was commenced without reasonable cause. During the course of this appeal, Ms. Tolz filed for bankruptcy...

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