07-4900, 07-4902 UNITEAMERICA, INC., d/b/a GARY MOULTON AUTO CENTER v. FARMERS AND MERCHANT BANK

State: Florida

Court: Florida First District Court

Docket No: 07-4900,

Case Date: 09/15/2008

Preview:IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA UNITEAMERICA, INC., d/b/a GARY MOULTON AUTO CENTER, Appellant, v. FARMERS AND MERCHANTS BANK, Appellee. _____________________________/ CASE NOS. 1D07-4900 and 1D07-4902 NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED

Opinion filed September 15, 2008. An appeal from the Circuit Court for Leon County. Terry P. Lewis, Judge. H. Richard Bisbee, Bill Reeves, and Patrick R. Frank, Tallahassee, for Appellant. Mary Kay Simpson and Marc A. Peoples, Guilday, Tucker, Schwartz & Simpson, P.A., Tallahassee, for Appellee.

BARFIELD, J. We find no merit to this appeal. Furthermore, we conclude that appellant and its attorneys knew or should have known that the arguments made in the briefs were

not supported by the material facts and applicable law. Consequently, we AFFIRM the trial court's challenged rulings and GRANT the appellee's motions for appellate attorney fees under section 57.105, Florida Statutes (2005). On remand, the trial

court shall determine the proper amount of the attorney fees for handling this appeal and shall then apportion the fees between appellant and its attorneys according to the procedure set out in section 57.105, Florida Statutes (2005). ALLEN, and KAHN, JJ., CONCUR.

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