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Cowgill v. Bank of America

District Court of Appeal of Florida, Second District
Nov 15, 2002
831 So. 2d 241 (Fla. Dist. Ct. App. 2002)
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Summary

reversing an award of section 57.105 fees because the claim was arguably supported by material facts and existing law

Summary of this case from Dept. of Rev. v. Marchines
See 3 Summaries

Opinion

Case Nos. 2D02-1258 2D01-5425.

Opinion filed November 15, 2002.

Appeal from the Circuit Court for Pasco County; Wayne L. Cobb, Judge; Maynard F. Swanson, Jr., Judge.

Bonita Kneeland Brown of Fowler, White, Boggs, Banker, P.A., Tampa, for Appellants.

Phillip A. Baumann and J. Richard Caskey of Akerman, Senterfitt Eidson, P.A., Tampa, for Appellee Mickey Cowgill.

No Appearance for Appellee Bank of America.

WHATLEY, Judge.

We affirm the summary judgment entered in favor of Mickey Cowgill on

the ground that the action filed by Eric Cowgill and Dana Cowgill Yeager, the Appellants, was barred by the statute of limitations.

We reverse the award of attorney's fees to Mickey Cowgill pursuant to section 57.105(1), Florida Statutes (2000), because the Appellants' claim was arguably supported by material facts and then-existing law.

Affirmed in part and reversed in part.

STRINGER and SILBERMAN, JJ., Concur.

Summaries of

Cowgill v. Bank of America

District Court of Appeal of Florida, Second District
Nov 15, 2002
831 So. 2d 241 (Fla. Dist. Ct. App. 2002)

reversing an award of section 57.105 fees because the claim was arguably supported by material facts and existing law

Summary of this case from Dept. of Rev. v. Marchines

reversing an award of fees under the 2000 version of section 57.105 because the "claim was arguably supported by material facts and then existing law"

Summary of this case from Connelly v. Old Bridge Village Co-op

In Cowgill v. Bank of America, 831 So.2d 241, 242 (Fla. 2d DCA 2002), this court reversed an award of fees under the 2000 version of section 57.105(1) because the "claim was arguably supported by material facts and then-existing law."

Summary of this case from Bowen v. Brewer
Case details for

Cowgill v. Bank of America

Case Details

Full title:ERIC COWGILL and DANA COWGILL YEAGER, Appellants, v. BANK OF AMERICA, as…

Court:District Court of Appeal of Florida, Second District

Date published: Nov 15, 2002

Citations

831 So. 2d 241 (Fla. Dist. Ct. App. 2002)

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