Smith v. Broida

PER CURIAM.

Upon review of the file herein, we conclude that the action filed by appellee was frivolous. See Whitten v. Progressive Casualty Ins. Co., 410 So.2d 501, 505-06 (Fla.1982). We therefore reverse the order denying attorney’s fees under section 57.105, Florida Statutes (1987), and remand for determination of the amount. As to the cross-appeal, we affirm the order awarding costs to appellants/cross-appellees.

Affirmed in part, reversed in part, and remanded.