District Court of Appeal of Florida June 28, 1995, No. 94-02419 (Noggle v. Turner Cattle Co.)

ALTENBERND, Acting Chief Judge.

The plaintiffs appeal an order awarding attorney’s fees in favor of Turner Cattle Company (Turner Cattle) pursuant to section 57.105, Florida Statutes (1991), in this wrongful death and personal injury action. We reverse. Although Turner Cattle prevailed on its motion for summary judgment, the personal representative’s action was not frivolous at its inception.