Wicker v. Merrill Lynch Relocation Management, Inc. (459 So. 2d 463, 1984)

Florida District Court of Appeal 1984-11-28

Citations

Full opinion text

PER CURIAM.

We affirm the dismissal of appellants’ complaint. However, we reverse the award of attorney fees. Although appellants’ complaint failed to withstand dismissal, it was not frivolous or entirely devoid of even arguable substance. See Whitten v. Progressive Casualty Ins. Co., 410 So.2d 501 (Fla.1982).

AFFIRMED IN PART, REVERSED IN PART.

DOWNEY, DELL and BARKETT, JJ., concur.