Campanile v. State

Full title: LOUIS CAMPANILE, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Third District

Date published: Dec 20, 1988

534 So. 2d 711 (Fla. Dist. Ct. App. 1988)

Opinion

No. 87-2776.

August 2, 1988. On Motion for Rehearing December 20, 1988.

An Appeal from the Circuit Court for Dade County; Ronald M. Friedman, Judge.

Essen Essen, North Miami Beach, and Noel A. Pelella, for appellant.

Robert A. Butterworth, Atty. Gen., and Fariba N. Komeily, Asst. Atty. Gen., for appellee.

Before BASKIN and JORGENSON, JJ., and WARREN H. COBB, Associate Judge.

PER CURIAM.

We affirm the trial court's denial of the writ of prohibition upon the controlling authority of State v. Brown, 527 So.2d 209 (Fla. 3d DCA 1988).

Affirmed.

ON MOTION FOR REHEARING

Upon motion of appellant, Louis Campanile, to vacate this court's order granting appellate attorney's fees pursuant to section 57.105, Florida Statutes (1987), on the ground that only civil proceedings are within the purview of that section, State v. LoChiatto, 381 So.2d 245 (Fla. 4th DCA 1979), we grant the motion and vacate the award of attorney's fees.