Dalia v. Alvarez

ON MOTION TO REVIEW FEE AWARD

This case is before the court for the third time. In the first appeal we reversed a judgment awarding the appellee attorney’s fees pursuant to section 57.105, Florida Statutes (1989), on a holding that the appellant’s third-party complaint was not frivolous. Dalia v. Duda, 576 So.2d 868 (Fla. 3d DCA 1991). In the second appeal, we affirmed, without an opinion, a summary judgment for the appellee on her claim for recovery of an escrow deposit and an award of fees as the prevailing party. The case was remanded for an award of fees for appellate services.

We agree…