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ERIC COWGILL and DANA COWGILL YEAGER, Appellants, v. BANK OF AMERICA, as Personal Representati

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.

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COWGILL v. BANK OF AMERICA
(Nov 15, 2002)